How do different countries approach plane crash litigation?
Plane accident litigation around the world varies greatly from country to country. For example, in the United States, plane crash litigation has traditionally been handled as tort litigation, meaning that lawyers representing the victims of an accident will file a civil lawsuit seeking to recover damages for their clients. This is known as a compensation-based system. In contrast, other countries like France often use an administrative system. In France, the victims of a plane crash will be afforded access to a compensation scheme funded by the plane’s operator or the government. France also has a contributory fault system in place which allows injured parties to recover damages if they are found partially at fault. In Brazil, the rights of passengers injured in a plane crash are rooted in statute and are intended to ensure the passengers receive prompt and appropriate compensation. Brazil also has a no-fault system that allows for victims of plane crash accidents to receive recompense regardless of who is at fault. Lastly, China also has a compensation-based system but it focuses on the crew of the plane. Chinese law stipulates that the Chinese government must provide compensation to the families of the crew members killed in a plane crash. This compensation is usually supplemented by compensation from the plane’s operators. Overall, each country has its own approach to plane crash litigation, and the best way to determine what rights a victim of a plane accident has in any given country is to consult a local lawyer familiar with aviation law in that particular country.
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