Lawyer: Airlines should be liable for attacks

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Lawyer: Airlines should be liable for attacks

NEW YORK (Reuters) ? American Airlines and United Airlines should be held
liable for the Sept. 11, 2001 attacks because they did not stop hijackers
from entering the cockpits of the four hijacked planes, a lawyer for
victims' families argued Thursday. The lawyer, Marc Moller, made his
arguments in a hearing aimed at determining whether litigation can proceed
against six groups of defendants, including American and United. The
defendants include other carriers who shared responsibility for setting up
airline security, Boeing, airport operators and the owner and the
leaseholder of the World Trade Center. They are suing for unspecified
damages. The hearing, which will continue Friday in Manhattan federal
court, involves more than 60 claims filed by families of victims who were
killed on the ground. The outcome of the hearing is being widely watched
because it will determine whether other families choose to join the
litigation instead of seeking payment from a national compensation fund.

The defendants have asked U.S. District Judge Alvin Hellerstein to dismiss
the lawsuits. If he decides to allow litigation to proceed, he will
consider claims brought by families of those aboard the four planes used in
the attacks. More than 3,000 people were killed in the hijacked airline
attacks on the World Trade Center and Pentagon and in the crash in rural
Pennsylvania. "The airlines accepted the responsibility of preventing those
people from getting into the cockpit. ... The airlines are responsible for
the consequences," Moller said. "Negligence comes down to control of the
planes." But the airlines argue they should not be held liable because the
unprecedented attacks were unforeseeable and they had followed safety
measures required by the federal government. "No remotely similar event has
ever happened in the history of aviation," said Roger Podesta, an American
Airline lawyer. Jeffrey Ellis, a lawyer representing United, said that the
government decides what threats must be addressed by airlines and that
these type of suicide hijackings had never been envisioned. Hellerstein
said that the airlines knew there was a risk of hijackings and questioned
why security measures should be different because hijackers might be on
suicide missions. Ellis said there would be a difference including greater
efforts to deter attackers. He also pointed out that President Bush signed
legislation last November to allow commercial airline pilots to carry guns
as defense against cockpit intruders. But Moller said that airlines
realized prior to Sept. 11 that terrorists wanted to attack the United
States. "By the year 2001, suicide was the great fear," he said.


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