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POSSIBLE EXONERATION OF AIRPORT FROM LIABILITY FOR BIRD STRIKE DAMAGE

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2nd ANNUAL ASSEMBLY OF THE WALA Ciudad Real Castilla La Mancha 17th 19th May 2009 POSSIBLE EXONERATION OF AIRPORT FROM LIABILITY FOR BIRD STRIKE ... – PowerPoint PPT presentation

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Title: POSSIBLE EXONERATION OF AIRPORT FROM LIABILITY FOR BIRD STRIKE DAMAGE


1
2nd ANNUAL ASSEMBLY OF THE WALA
Ciudad Real Castilla La Mancha 17th 19th
May 2009
2
POSSIBLE EXONERATION OF AIRPORT FROM
LIABILITY FOR BIRD STRIKE DAMAGE
Ciudad Real , 17 19 May 2009
Split
Airport
Ante Matijaca
  • Split Airport Croatia

3
L I A B I L I T Y
Human aspect
Financial aspect
  • Aircraft owner/operator is first party who may
  • suffer significant damage
  • Airport operator is first party to wich damage
  • compensation claim will be put

4
I N T R O D U C T I O N (1)
Big Small
International Local
A I R P O R T S
Public Private
Civil Military
Take-off, landing, parking
D U T I E S
Passengers, baggage and cargo handling
5
I N T R O D U C T I O N (2)
LIABILITY FOR DAMAGE Obligatory - legal
relation in which one side is liable to
repair damage caused to other side, and
the other side is entitled to demand
such reparation
Contractual and non-contractual
KIND OF LIABILITY
Subjective and objective
Proper liability and liability for others
6
L E G A L C A S E S
Country In favour of plaintiff In favour of defendant Unknown result Total
ARGENTINA - - 1 1
CROATIA 3 - - 3
FRANCE 1 1 - 2
GERMANY 1/2 1/2 - 1
ITALY 2 - 1 3
THE NETHERLANDS - 1 - 1
SPAIN 1 2 - 3
UNITED KINGDOM 1 1 - 2
U S A 8 5 1 14
Total 16 1/2 10 1/2 3 30
7
COUNTRY CASES PLAINTIFFS DEFENDANTS
ARGENTINA 1 Airline Company Airport Ministry of Defence
CROATIA 3 Insurance Company Airline Company Airport (2) Insurance Company
FRANCE 2 Private Company Insurance Company (7) Airline Company Airport (2) State, Chamber of Commerce, General Manager
ITALY 3 Airline Company (2) Insurance Company Airport (2) Ministry of Transport, Port Authority, ATC, CAA, General Manager
GERMANY 1 Private Company Private Person
THE NETHERLANDS 1 Airline Company Airport
SPAIN 3 Airline Company (3) Airport (3)
UNITED KINGDOM 2 Airline Company (2) Airport (2) CAA, County,
UNITED STATES OF AMERICA 14 Insurance Company (3) Airline Company (5) Private Person (3) Private Company (2) Bank, City, CAA, Environmental Organization (2), Lawyer Office Airport (2) Port Authority (2), Airline Company, County, State (8), City (5), CAA, Aircraft Manufacturer, Engine Manufacturer, General Manager, ATC, Ministry of Defence
8
D E F E N D A N T S
9
ANSWER A QUESTION
  • What are the main reason why an airport
    operator
  • is the first who will be sued?

TRY TO EXPLAIN
  • What are the possibilities of exoneration of
    airport
  • from liability in case of bird strike?

10
EFFORTS OF AIRPORTS (1)
- To carry out necessary inspection of runways,
taxiways, and other manoeuvring areas
- To warn pilots about possible presnce of
birds and other animals at or in the
vicinity of airport
- To realise proper design, construction
operation and maintenance of airport areas
and buildings
- To implement proper manner of land use
- To implement proper grass policy
11
EFFORTS OF AIRPORTS (2)
- To implement proper manner of zoning in the
vicinity of airports
- To use different kind of adequate scaring
devices
- To obtain certificates for operation of
airport, airworthiness of aircrafts and
construction of engines
- Activities on permanent improvement in
awareness of bird hazard
- To ensure sufficient financial resources to
take necessary measures and activities
12
EFFORTS OF AIRPORTS (3)
- To have various specialists and other
educated personnel at its premanent
disposal
- To realise timely and accurate communication
among all air traffic participants (airport
personnel, air traffic controlers and air
carrier personnel) in case of bird hazard or
bird strike
- To register all appropriate statistical dana,
as well as all other necessary records.
13
Omissions Consequences
Canadian Airport Wildlife Management Bulletin No.
23
14
  • In case of

- material damage
  • injury of persons or

as a result of bird strike
- death of persons
lack of proper procedures
lack of adequate bird control
failure to take other activities

AIRPORT OPERATORS

L E G A L P R O C E E D I N G S
15
LIABILITY IN CIVIL AVIATION
1. AIR TRAFFIC PARTICIPANT LIABILITY
- Airport operator
  • Chicago, Warsaw,
  • Montreal Convention
  • - National regulations

- Aircraft operator
- ATC agency
2. THIRD PARTY LIABILITY
  • Rome Convention (1952)
  • Montreal Protocol (1978)

16
(No Transcript)
17
Q U E S T I O N ?
26th International Bird Strike Committee
Conference Warsaw, May 2003
If bird strike happens outside bounded and
strictly determined airport area, who is than
responsible for occured damage ?
18
RNW 05
Airport boundary
m a r s h l a n d P A N T A N
19
EXCLUSION FROM LIABILITY
AIRPORT LIABILITY CIVIL LAW
ELEMENTS
1. Prevention at or in the vicinity of an
airport
2. Successful defence
3. Knowledge and experience of the judge in this
matter
4. Sufficient number of qualitative proofs.
20
QUALITATIVE PROOFS
  • To have all facts completely and correctly
  • established
  • To prove that everything that had to be done was
  • done, and eventual damage occured without the
  • fault of a defendant

21

Airport operator shall not be liable for damage
occasioned by bird strike if it proves that it
had taken all available measures and activities
that could reasonably be required to avoid that
strike, or if it proves that it had been
impossible to take such measures or activities,
especially due to safety reasons.
caused by
BIRD STRIKE

EVENT
EXTRAORDINARY CIRCUMSTANCES
22
The extraordinary circumstances justifying
airport operator behaviour at the moment of bird
strike must be extraordinary in the sense of
necessity to maintain total safety of flight.
Meteorological conditions unusual with
birds behaviour and with operation of the
concerned flight
23
EXTRAORDINARY CIRCUMSTANCES
MITIGATING CIRCUMSTANCES

BIRDS BEHAVIOUR
24
WILFUL MISCONDUCT

as intentional performance of an act knowing that
its performance will probably result in damage,
or as intentional performance of an act in a
manner that implies reckless disregard of its
probable consequences
NEGLIGENCE

failure to take reasonable, ordinary care
25
INSURANCE ASPECT
The insurance covers aircraft operators, as well
as airport operators.
Lloyds building London
Bird strike risks are within frame of aircraft
operator property insurance, and of airport
liability insurance.
26
Kinds of insurances
  • Property insurance (airport operator aircraft
    goods and
  • baggage against loss or damage)
  • Persons insurance (airport operator, passengers
    and crew on
  • board of aircraft against accidents)
  • Aircraft operator liability insurance
    (passengers and third
  • persons damages goods)
  • Airport liability insurance.

27
PROPOSALS SUGESTIONS
  • To acknowledge that bird hazards exist
  • To assess legal implications of airport bird
  • hazards
  • To assign responsibility and delegate
  • authority for developing, initiating and
  • maintaining of effective bird management
  • program
  • To identify sources of technical assistance

28
  • To identify bird hazards
  • To acquire knowledge about bird
  • management program and to exercise it
  • periodically
  • To allocate resources, funds, and personnel
  • To develop routine training programs

29
  • To initiate bird management program
  • To develop qualitative control procedures
  • To maintain daily records of bird
  • management program
  • To evaluate bird management program
  • To establish positive bird strike
  • reporting procedure.

30
C O N C L U S I O N
- Liability for damages caused by bird
strikes within airport responsibility area
represents the risk that, obviously,
brings into question the whole system of
measures predicted for prevention of such events.

31
- From the aspect of presumed liability the
person in charge is obliged to prove
that, in definite circumstances, all
required actions were undertaken in order
to avoid definite event.

32
- Every singular case of wildlife strike
represents the possibility for evaluation
of undertaking of protection measures,
and it brings all participants in air
traffic into question whether an airport does
everything predicted in safety instructions
or similar acts in order to avoid wildlife
strikes.
33
- Every act and action of an airport referred
to application of safety measures must be
entered in respective official records,
in order to enable its eventual
identification and demonstration.
Contrariwise, even on the assumption that
safety measures are respected, there
exists a practical possibility that an
airport will be charged for damage.
34
BIRD STRIKE COMMITTEE CROATIA
Hrvatski
English
www.caacro.hr/birdstrike

35
Thank you very much for your attention
Ante Matijaca
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