American Airlines Flight 587
On November 12, 2001, American Airlines flight 587 crashed shortly after take-off from New York's John F. Kennedy Airport. The Airbus A300, en route to Santo Domingo, Dominican Republic, struck a residential neighborhood in Belle Harbor, Queens, killing all on board as well as several persons on the ground.
Dankner & Milstein successfully represented a number of families who lost relatives in this tragic accident, and brought claims against both American Airlines and Airbus, the aircraft's manufacturer. Our lawyers were present at the National Transportation Safety Board hearings in Washington, D.C. and traveled to the Dominican Republic to insure that all of our clients' needs were met.
Through such hard and dedication we were able to obtain significant settlements for the families, though the amounts remain confidential as part of the settlement agreement.
Warsaw Convention (Montreal Convention) Litigation
D&M was recently successful in representing a passenger on a jetliner who was injured after the plane encountered light to moderate turbulence.
In a landmark decision and major victory for airline passengers following argument before the United Stares Second Circuit Court of Appeals, the Court held that whether turbulence constitutes an accident is a fact-specific inquiry that should be evaluated on a case -by-case basis and reversed a trial court's ruling that only severe turbulence can be considered an accident under the Warsaw Convention. Magan v. Lufthansa German Airlines, 339 F.3d 158 (2d Cir. 2003)
The case was reinstated and then tried before a jury which returned a gross verdict for our client in the sum of $700,000.00.
Our attorneys have also represented the families of persons injured or killed in the loss of both private jet and propeller aircraft. General aviation (or private aircraft) crashes can occur due to pilot error, mechanical or material failure, design defects, air traffic control negligence, and improper maintenance. As seasoned negligence and products liability attorneys, we are familiar with cases involving duties to warn, and breaches of express and implied warranties in the aviation field. We retain and work with top engineers and experts to investigate the causes of aviation accidents and use all available government resources and agency data in the course of litigation.
In addition to representing victims of airline disasters, we have successfully represented passengers injured during such events as emergency evacuations, falling baggage, flight attendant inflicted hot beverage burns, being struck by an in-flight service cart, and as a result of wet and slippery conditions in aircraft lavatories. We have also represented passengers injured in the boarding process who were involved in tarmac to terminal bus transfer accidents, injured due to dangerous conditions in airports, and assaulted by other passengers.
We also employ experienced estate counsel to assist victims' families with the tasks of establishing and settling the victims' estate, appointing guardians, and obtaining necessary letters of administration following an air disaster.
