Plane Was To Fly Over Water, Tail Fell Into Jamaica Bay

Any legal matters pertaining to the 2001 crash of American Airlines Flight 587 will be dealt with under maritime laws. That's the ruling of a federal judge in New York on Tuesday, and it could mean dozens of people who are suing over the crash could win much bigger awards.

Federal Judge Robert Sweet says it doesn't matter that the crash occurred in the New York City borough of Queens shortly after the Airbus A300-600 took off from JFK on November 12, 2001. He's ruled that, because the plane was headed over the ocean on the 1,500-mile trip to the Dominican Republic, any case that comes up as a result of the crash should be treated under laws that govern shipping.

"There can be no question that, but for the development of air travel, this trip or some portion thereof would have been conducted by a waterborne vessel and that it therefore bears a significant relationship to traditional maritime activity," the judge wrote in a 78-page opinion, obtained by The Associated Press.

As Aero-News reported, the A300 lost a portion of its tail when the pilots encountered severe turbulence, and attempted to compensate. Two-hundred-sixty people on the plane and five on the ground were lost in the accident.

A number of lawsuits were filed in the aftermath of the mishap, and all but a few have already been settled. Cases involving eight passengers and three victims on the ground remain open, however, as do more than 20 cases involving injuries and property damage.

The judge noted in his ruling that the defendants contended a plane must crash on the high seas -- away from land -- to be subject to maritime laws. Sweet says he also based his decision on the fact the plane's tail section landed in the waters of Jamaica Bay.

"The general features of the incident may be described fairly as a large piece of an aircraft sinking in navigable waters," Sweet said.

FMI: www.ntsb.gov