Liability in Plane CrashesUnderstanding who is at fault in an Aviation Accident, including the airplane owner, the pilot, the aircraft manufacturer, and the Federal Government. Airplane Owner or Operator · Commercial Airlines · Aircraft Manufacturer · Airplane Accidents- Shared Liability · Air Traffic Control- The Federal Government Airplane Owner or OperatorThe owner or operator of an aircraft is held to the highest standards of care and accountability for his or her passengers. If the cause of an Aviation Accident is determined to be the fault of the owner or operator, he or she can be held liable for any resulting damages or injury. The owner, under the legal theory of “vicarious liability,” may be held liable even if he or she was not directly involved with the accident. Commercial AirlinesCommercial airlines are classified as “common carriers” because they willingly transport any person who has purchased a ticket. The standards to which common carriers are held are both different and frequently more stringent than their private counterparts. In order to properly assess liability in a case involving a common carrier, an intimate knowledge of the Federal Aviation Administration (FAA) rules and regulations is absolutely necessary. Aircraft ManufacturerWhile most Aviation Accidents are, to some extent, the result of pilot error, there are other factors that need to be considered. Due to the legal doctrine of “strict liability,” the manufacturer can be held liable if the presence of a defect can be proven to be the cause of damage or injury. Defects for which the manufacturer can be held liable can arise from three sources: defects in design, defects in manufacturing, and failure to provide proper warning. It must be kept in mind that liability laws vary from state to state. Airplane Accidents- Shared LiabilityThere are many cases when more than one party may be held liable for an Aviation Accident. In these instances, it is the responsibility of a judge or jury to assess the extent to which each defendant can be held liable. For example, it may be determined that manufacturer is 70 percent responsible for an Aviation Accident but that further errors on the part of the pilot make up the remaining 30 percent. This is called “comparative fault” or “comparative liability” and is the means by which most states determine the distribution of blame. Air Traffic Control- The Federal GovernmentAir Traffic Control (ATC), a function of the FAA, is responsible for the considerable job of controlling all the air traffic in the United States. Therefore, mid-air collisions and other navigation errors may be the fault of the ATC. If this is proven, the Government of the United States may be liable for injury or damage resulting from the Aviation Accident.  All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.
|
By filling out our free case evaluation form, you are NOT forming an attorney-client relationship. You can only retain an attorney by entering into a fee agreement; by submitting our form you are not entering into a fee agreement. Our form is not a request for legal advice. Any information that you will receive in response to your questions is general information and you will NOT be charged for it. THIS IS AN ADVERTISEMENT. The attorneys listed on and within the Accidents.com webpages have paid an advertisement fee to Accidents.com. The attorney pages shall not be considered an endorsement of an attorney or referral to an attorney by the Accidents.com service. Your use of this site is subject to additional Terms & Conditions.
Accidents.com is the fastest growing community of accident attorneys, medical and safety professionals working to minimize the impact accidents have on our lives. Learn more.
All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.
