Personal Injury Claims For Aviation Accidents
When you pursue a legal claim after an aviation accident, the potentially liable (legally responsible) parties can vary depending on the cause of the accident. The owner and operator of an aircraft certainly may be liable; manufacturers or maintenance suppliers may be liable in certain circumstances; even the federal government may bear some responsibility for an aircraft accident.
Aviation litigation is complex, and involves many potential theories of liability under state, federal, and international law. There are several potential defendants to choose from, and a number of different courts in which a trial may take place. In order to hold someone legally responsible for an aviation accident, the injured person (the "plaintiff") must prove that the person responsible (the "defendant") failed to meet an industry standard related to operation of the aircraft, engineering, or certain regulatory issues.
While the circumstances of each aviation accident are always different, generally claims for personal injury or death resulting from an aviation accident are controlled by the legal theories of negligence, product liability, or some combination of the two. Additionally, because air travel is regulated by two federal agencies, federal rules and regulations may impact a personal injury claim or the standards of care owed to the victim of an aviation accident.
Negligence is the legal term for the failure to do (or not do) something that a reasonable person would have done under the circumstances, in order to protect others from foreseeable risks of harm. Pilots, airline maintenance providers, and major airlines are among those subject to negligence claims when an aviation accident occurs.
Another legal doctrine known as "product liability" refers to the legal responsibility placed on manufacturers and sellers of defective products. If it can be proved that a defective product somehow contributed to an aviation accident, then product liability may allow recovery against the manufacturer or seller of the defective product.
Aviation litigation is complex, and involves many potential theories of liability under state, federal, and international law. There are several potential defendants to choose from, and a number of different courts in which a trial may take place. In order to hold someone legally responsible for an aviation accident, the injured person (the "plaintiff") must prove that the person responsible (the "defendant") failed to meet an industry standard related to operation of the aircraft, engineering, or certain regulatory issues.
While the circumstances of each aviation accident are always different, generally claims for personal injury or death resulting from an aviation accident are controlled by the legal theories of negligence, product liability, or some combination of the two. Additionally, because air travel is regulated by two federal agencies, federal rules and regulations may impact a personal injury claim or the standards of care owed to the victim of an aviation accident.
Negligence is the legal term for the failure to do (or not do) something that a reasonable person would have done under the circumstances, in order to protect others from foreseeable risks of harm. Pilots, airline maintenance providers, and major airlines are among those subject to negligence claims when an aviation accident occurs.
Another legal doctrine known as "product liability" refers to the legal responsibility placed on manufacturers and sellers of defective products. If it can be proved that a defective product somehow contributed to an aviation accident, then product liability may allow recovery against the manufacturer or seller of the defective product.