Plane Accident Law Answers

Answers to frequently asked questions about Airplane Accidents, including information on the causes of airplane accidents, in-flight injuries, fault in airplane accidents, and types of aircraft accident liability.

Causes of Airplane Accidents · In-Flight Injuries · Common Carriers · Airplane Crash Liability · Criminal Liability · Strict Liability

Causes of Airplane Accidents

The most common cause of an aviation accident is pilot error, accounting for more than half of the total aviation accidents. Negligence is another common cause, including negligence of Flight Service Station employees, negligence of the ATC (Air Traffic Control), negligence in maintenance and repairs, and negligence in a third party’s selection of a carrier. Other causes include faulty equipment, mechanical failure, manufacturing defects, flaws in structure or design, failure to fuel the aircraft, violations of FAA (Federal Aviation Administration) regulations, dangerous weather, and sabotage. In some cases, however, the cause of an aviation accident remains undetermined. 

In-Flight Injuries

The FAA, which is responsible for the regulation of air carriers, holds commercial airlines to quite rigorous standards of care for their passengers. While the complete safety of passengers cannot be guaranteed, negligence in any form is the responsibility of the airline. That is, while an injury is not proof of negligence or fault, airlines must make every reasonable effort to prevent injuries from occurring.    

From the moment the plane is boarded until the passengers have disembarked, the airline may be liable for any injuries that occur; the plane does not need to be in the air at the time the injury occurs. In-flight injuries can vary considerably in their degree of seriousness; from twisted ankles to concussions, both minor and major injuries are possible. Turbulence is the leading cause of in-flight injury. Because of this, wearing one’s seatbelt is essential to safety. Failure to wear a seatbelt or to obey the directions of the crew may seriously undermine a claim against an airline. Furthermore, airlines may not be held liable for unforeseeable events, such as turbulence that was not possible to anticipate. Pilots are, however, responsible to check the weather and to delay or alter flights if weather conditions are not favorable.    

The only solid basis for a claim against an airline is human error. Airlines are required to ensure that the operation, inspection, repair, loading, and boarding of a plane are carried out properly. Aisles should be clear, routes to exits and bathrooms should be safe, cabins should not be overloaded, and any equipment should be in safe and working condition. Failure in these and other areas may be grounds for a lawsuit. The airline and its personnel may not be the only parties at fault for an in-flight injury. Malfunctions or errors may be partially or entirely the fault of the manufacturer, seller, or repairer of the aircraft or its equipment. Furthermore, Air Traffic Control (ATC) is responsible to alert the pilot if they become aware of a dangerous situation and my be liable for damages if they fail to do so. 

Common Carriers

Common carriers are those that exist for the use of the general public. Commercial airlines are common carriers because they provide their services to all persons that purchase tickets. The FAA is responsible for the regulation of air carriers and it holds common carriers to different, often more rigorous standards than private carriers.

Airplane Crash Liability

Liability in Aviation Accidents is rarely straightforward. The operator of the aircraft may be liable if his or her error is directly responsible for the accident. The owner of the aircraft, due to “vicarious liability,” may also be held liable, regardless of his or her direct involvement with the accident. If defective parts are found to be the cause of injury or damage, the manufacturer may be liable. The Government of the United States may be found liable if an accident is found to be the result of an error on the part of ATC (Air Traffic Control). Moreover, if multiple parties are involved with an Aviation Accident, it may be the duty of a judge or jury to determine the degree of responsibility. 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.

Criminal Liability

Federal and state governments have the right to impose criminal sanctions on those responsible for causing an aviation accident; these can be brought against commercial airlines or private owners/operators. The cause of these criminal sanctions is criminal negligence, that is, reckless conduct resulting in damage to property, serious injury, or death; the use of drugs or alcohol before flying are one example of criminal negligence. Mere accidents are not a basis for criminal sanctions. A criminal conviction may result in punitive damages and/or incarceration. The most basic levels of criminal charges that may be brought in an aviation accident are Criminal Negligence/Involuntary Manslaughter, Manslaughter, and Third Degree Murder.

Strict Liability

The doctrine of strict liability means that in an Aviation Accident, the manufacturer may be held liable for injury or damages, even if there was no negligence or intent to commit an offense. Three things must be shown in order to establish strict liability: The product must have been defective at the time it left the manufacturer. The product must have been used properly and according to its intended function. The product must have, in some way, been responsible for the 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.

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