From Lanita Hausman, Vice
President
In
1920 Congress passed DOHSA to help maritime widows collect needed
benefits. Through the years the airlines have pushed to apply this law
to air crash litigation when the crash was at sea.
On
March 8th and March 15th, the U.S. Senate and House of
Representatives, respectively, passed an amended version of the 1920
Death on the High Seas Act (DOHSA) as part of the Wendell H. Ford
Aviation Investment and Reform Act of the 21st Century.
The
amended legislation moves the limit of DOHSA from one marine league to
12 nautical miles off the shore of any state, the District of
Columbia, or the territories or dependencies of the U.S.
If
a commercial aviation accident occurs within the newly established
12-mile limit, then DOHSA shall not apply and the rules applicable
under Federal, State, and other appropriate laws shall apply. However,
if a commercial aviation accident occurs outside the 12-mile limit,
then DOHSA will continue to apply. DOHSA will apply to any death
caused by a commercial accident after July 16, 1996. (The day before
TWA 800).
The
amended DOHSA still does not allow for the recovery of punitive
damages, but does allow for the recovery of non-pecuniary damages for
wrongful death, which is defined as the loss of care, comfort, and
companionship. It does not allow for the recovery of pain and
suffering prior to death. The old DOHSA did not allow for the recovery
of non-pecuniary damages.
The
newly amended DOHSA allows for a class of beneficiaries of the
decedent to recover the pecuniary loss sustained which is also defined
as economic loss or loss of wages. There was no cap set on damages,
and includes inflation adjustments.
In
all aviation accidents that have occurred in open water since July 16,
1996, the newly amended DOHSA will not apply to TWA 800, and will not
likely apply to Alaska Air 261, because both accidents occurred within
the 12 nautical mile limit. (AS261 was off a U.S. island). However,
the EgyptAir 990 crash falls outside the 12-mile limit, at
approximately 60 miles off the coast of Nantucket. Attorneys for
Swissair 111 will also argue the amended version of DOHSA should apply
because the accident occurred outside the 12 mile limit, off the coast
of the U.S., although the crash occurred well within the limits of
Canadian territorial waters.
The
Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century was sent to President Clinton on March 29th, and the President
signed the bill into law on April 5, 2000. It became Public Law No.
106-181.
Lanita Hausman, NADA/F
Vice President
Swissair 111 Email: Lhaus1963@aol.com
