• 15
  • March
    2011

In 2007, three men were killed in a helicopter accident off the coast of Long Beach, California. The three were a part of the crew from a U.S. ship and had been flying over the Pacific Ocean when the helicopter crashed.

The victims' families sued several companies on a number of claims including product liability and wrongful death. The article does not give details about the complaint itself, but it is likely that the families believed the helicopter crash was due to some sort of equipment malfunction. But just recently the claim was dismissed in federal court.

The lawsuit was originally filed in the state courts and when it was moved to the federal courts, some of the claims were dismissed because the Death on the High Seas Act was the appropriate governing statute. The families appealed the dismissal only to have the dismissal upheld at the appeals level.

The debate centered on whether the location of the helicopter crash was considered federal jurisdiction. According to the judges on the appeals panel, the crash occurred within the DOHSA because the helicopter went down between three and twelve nautical miles offshore. Therefore, federal law does not apply to the helicopter crash resulting in the dismissal of the wrongful death claim.

This decision prevents the families from recovering for the loss of their loved ones in federal court. They may be able to bring an action under the DOHSA for recovery of certain damages.

Either way, the families of the three men may just be seeking closure. The loss of a loved one can be especially difficult when legal issues are not going away. In the wake of a fatal accident, families are looking for answers to their questions in hopes that they can begin to move forward with their lives.

Source: Courthouse News Service online, "Federal Law Pre-empts Suit Over Chopper Crash," Tim Hull, 14 March 2011