Aviation Liability Law, 2nd Edition

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Aviation Liability Law, 2nd Edition

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This edition is the most current civil law book that covers aviation liability law, from accidents to personal property damages to liability for death and personal injury, and loss, damage and delay of freight. It assesses the liability of airlines, air traffic control providers, governments, manufacturers and more.

Cited extensively in the Supreme Court of Canada decision Thibodeau v. Air Canada, 2014 SCC 67

Now in its second edition, this is the most current civil law book that comprehensively covers aviation liability law, from accidents to personal property damages to liability for death and personal injury, and loss, damage and delay of freight. It assesses the liability of airlines, air traffic control providers, governments, manufacturers, lessors and other potential defendants. This practical guidebook is authored by a McGill University law professor who is a recognized authority in the field of aviation law. Having started his aviation law career with the U.S. Civil Aeronautics Board 35 years ago, the author has written 20 books on the subject of aviation and transportation law, economics and policy. This book is the culiminaton of the author's decades of experience in this field, and serves as an up-to-date, cutting-edge reference manual for any lawyer who practices in the field of aviation tort law, domestic or international, in the civil or common law system.

Book Contents
- Covers all important aspects of aviation liability law:
  - Accidents and negligence
  - Government liability
  - Insurance
  - Personal and property damages
  - Liability for death, personal injury or delay
  - Liability for air cargo and baggage delay, loss or damage
  - Plus more
- Provides a comprehensive review of aviation law jurisprudence world-wide, coupled with critical analysis and strategic recommendations
- Many practical suggestions are given throughout this guidebook, to help minimize research time for the busy aviation law practitioner
Special Features
- Contains 27 international treaties, conventions, protocols and other related legislative material
- Contains special charts and tables to illustrate:
  - A comparative analysis of forum-non-conveniens litigation in U.S. courts
  - A review of ratifications of the multilateral aviation liability conventions
  - An explanation of inflation-adjustment liability limits under the Montreal Convention of 1999
What's New in This Edition
- Updates to the role of the European Community in accident and incident investigations
- Updates to legal and policy issues surrounding independence of accident and incident investigation authorities
- Updates to non-pecuniary damages case law and liability ceilings, and to willful misconduct case law
- International treaties, conventions, protocols and other legislative material available on CD Rom
- Now available in a handy, portable format
Who Should Read This Book
- Aviation, litigation, insurance and other lawyers acting for clients who are involved in legal disputes over damage and death resulting from accidents in the air
- In-house counsel for airlines companies, insurance companies and other companies that deal regularly in air cargo, transportation and the airline industry
- Students of aviation law who require a comprehensive text book on the area of aviation tort law
- Law libraries will find this book to be a valuable addition to their collection of books on aviation law

Preface
Chapter 1: Introduction
Chapter 2: Negligence
Chapter 3: Products Liability
Chapter 4: Accident Investigations
Chapter 5: Governmental Liability
Chapter 6: Surface Damage
Chapter 7: Preemption
Chapter 8: The Warsaw & Montreal Conventions
Chapter 9: Jurisdiction under the International Conventions
Chapter 10: Venue in International Litigation
Chapter 11: Time Limitations: International Claims
Chapter 12: "Accident": International Passenger Death & Injury
Chapter 13: Documentary Requirements of International Carriage
Chapter 14: Delay, Denied Boarding & Flight Cancellation
Chapter 15: International Cargo & Baggage
Chapter 16: Damages
Chapter 17: Insurance
Appendix A – Private International Air Law Documents
Appendix B – Convention of Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft
Appendix C – Convention on Compensation for Damage Caused by Aircraft to Third Parties
Appendix D – Convention on the Law Applicable to Products Liability
Appendix E – Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
Appendix F – Working Document on the Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
Appendix G – Regulation No 261/2004 of the European Parliament and of the Council
Appendix H – Round Table on Package Travel Contracts
Appendix I – Convention of 2 October 1973 on the Law Applicable to Products Liability
Appendix J – Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface
Appendix K – Code of Federal Regulations

Professor Dr. Paul S. Dempsey, A.B.J., J.D., LL.M., D.C.L., is a Director of the Institute and Centre of Air & Space Law at McGill University. He is the author of 20 books on aviation and transportation law, economics business and policy. Mr. Dempsey started his Aviation Law career at the US Civil Aeronautices Board in 1977 after which he was the Director of the Transportation Law Program at the University of Denver, and has widely been acknowledged as one of the world's authorities on Aviation Law. He also appeared on many mainstream television news programs speaking on the subject.