A key issue in domestic toxic cabin air litigation is whether state law negligence standards apply or whether a plaintiff’s claims are preempted by federal law under the theory of implied field preemption.
One of the first issues commonly litigated is whether the case will be heard in federal or state court. Another issue many of the injured faces is the fact that “Aerotoxic Syndrome” is not an officially recognized medical diagnosis in the US Court system. However, Organophosphate Poisoning is an accepted term. The next Burden of Proof entails showing the direct cause of this type of injury in a court of law. It will remain impossible to monitor or find the root cause for toxic fume event exposures until the industry implements a cabin air sensor monitoring system. … More Toxic Cabin Air Litigation Continues to Recirculate Through the Courts