last July 17, 230 people died when TWA flight 800 exploded 9 miles off the coast of Long Island. This was and continues to be a national tragedy. For almost 1 year, the families of those who perished have had to deal with more than the pain of losing a loved one. They endured sitting for hours after the crash, waiting for the final passenger list that would confirm their worst fears. They waited anxiously for any indication that someone might have survived the fiery crash. To this day they continue to wait for an explanation for the disaster. Until questions begin to be answered, it is impossible to complete the healing process. This tragedy is made all the worse by an outdated law that prevents survivors from suing in State court, in front of a jury, for damages like pain and suffering and loss of companionship that are traditionally available under the tort law system. Had the plane crashed seconds earlier--when the plane was only 2 miles off of New York's coast--this would not be an issue. However, at 9 miles out, the 1920 'Death on the High Seas Act' governs. This outdated law dictates that lawsuits arising from aviation accidents that occur more than 3 miles off of the United States shoreline be brought in Admiralty Court and limits recovery of damages for * * * survivors to lost income only. While this may have been an appropriate law 77 years ago, in 1997 it is nothing short of outrageous today.
Steve Rothman: “last July 17, 230 people died when TWA flight 800 exploded 9 miles off the coast of Long Island. This was and continues…”
Editor's note · Context
Addressing the tragedy of TWA flight 800 and the limitations of the Death on the High Seas Act.
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