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Article: Recoverable damages in wrongful death actions governed by the Warsaw Convention.
- Article from:
- Defense Counsel Journal
- Article date:
- July 1, 1995
- Author:
CopyrightCOPYRIGHT 1995 International Association of Defense Counsels. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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THE most significant recent development in Warsaw Convention jurisprudence in the United States is the application of federal common law, rather than state or foreign law, to wrongful death damage actions governed by the convention. There are two key questions raised by this newly developing body of law:
* What type of damages may properly be recovered in wrongful death actions governed by the Warsaw Convention?
* Who is entitled to recover such damages?
Article 17 of the Warsaw Convention(1) creates a cause of action for "damage sustained" in the event of "death," "wounding," or other "bodily injury" of a passenger. The convention is silent, however, ...