ATSSSA victim compensation fund : a fair alternative to civil liability?
Title: ATSSSA victim compensation fund : a fair alternative to civil liability?
Author: CONTISSA, Giuseppe
Citation: Aviation and Space Journal, 2012, Vol. 11, No. 3, pp. 2-9
The traditional model of compensation for damages arising from air crashes is based on civil liability, coupled with the provision of insurances for involved stakeholders (ANSPs, Air Carriers, Airports, etc.). In this contribution I shall consider the ATSSSA act, adopted in the US after September 11, which established a mechanism for the compensation of victims or air accidents which departs from the model of civil liability. In the immediate aftermath of September 11, the US airline industry appeared near to a collapse, as passenger travel dropped precipitously, while a large number of tort claims against air companies were going to be filled. In this scenario, the US Congress decided to bail out the airline carriers through subsidies, and established limitations on liability in their favour, while offering a quid pro quo to the air crash victims in the form of a compensation scheme.
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