AVIATION ACCIDENTS

Aviation Accidents – Legal Information

The National Transportation Safety Board (“NTSB”) reported that there were 1,864 civil aviation accidents in the United States in 2003.  If you or a loved one has suffered injury or loss due to an aviation accident, you may have grounds for a lawsuit and be entitled to monetary damages. Military and civil aircraft law is complex and difficult because different regulations apply to different classes of aircraft, so it is essential that you are represented by someone experienced in the field of aviation law. 

Because these cases are so complex and so rare, there are only a handful of aviation attorneys throughout the United States that we believe possess the proper credentials to properly represent a plaintiff in an aviation lawsuit.  We personally know many of these attorneys and can help you find them.  Often they will fly across the country to handle an aviation lawsuit.  IT CAN NOT BE STRESSED ENOUGH HOW THE AVERAGE PERSONAL INJURY ATTORNEY IS LIKELY NOT QUALIFIED TO HANDLE AN AVIATION LAWSUIT.

Military Aircraft

Each year dozens of men and woman in the military are killed in plane and helicopter crashes.  Unlike civil aviation accidents that are investigated by the NTSB, military crashes are under the jurisdiction of the Military Safety Mishap Board. This organization prepares a secret report much of which is not released to the public.  This lack of information complicates the task of bringing a lawsuit and finding answers. 

Private citizens who are injured by military aircraft can sue the government under the Federal Tort Claims Act for the negligent acts or omissions of its employees.  However, military service personnel (active duty, reservists, and national guard) are severely restricted in taking legal action against the government.  However, lawsuits can still be brought against the aircraft manufacturers.  Again, these rules and cases are complex so it is vital that you are represented by a lawyer who has handled many aviation lawsuits in the past. 

Commercial Aircraft

Under federal law, common air carriers (i.e. commercial aircraft) must exercise a high standard of care in all their functions.  Through a legal doctrine known as respondeat superior, the high degree of care required of a common carrier extends to its employees, including pilots, flight attendants, and mechanics.  So, in effect, an employee's error is the airlines error.  Therefore, an airline can be held liable for the action of its employees.

 In the event of an accident on an international flight, the Warsaw Convention limits the liability of air carriers in the event of accidents on international flights to $75,000.  However, this4 liability limit does not apply in the event of the airline's "willful misconduct", a subject that is frequently and fiercely litigated.  Furthermore, under the Warsaw Convention, a plaintiff can file suit in one of four possible places: (1) the country where the passenger purchased the ticket, (2) the country of the passenger's final destination, (3) the country where the airline is incorporated, or (4) the country where the airline maintains its principle place of business; another subject that is fiercely litigated.  Again, these rules and cases are complex so it is vital that you are represented by a lawyer who has handled many aviation lawsuits in the past.

Private Aircraft

The NTSB reported that the vast majority of civil aviation accidents involved privately owned small planes.  There has been a dramatic increase in the number of private pilots, but as a general rule, the operators of private planes are not held to as high of a standard of care as commercial carriers. 

Many states make owners of private planes vicariously liable for the actions of a pilot operation the owner's plane, even where that pilot is not an employee of the owner. Therefore, a plaintiff injured on a private plane to sue can the plane’s owner, even if the owner did not directly contribute accident that caused the plaintiff's injury.

Another unique aspect of liability law for general aviators is the absolute liability for objects falling from a plane while in flight.  So, if a plaintiff is injured from an object falling from the plane while it is in flight, the plaintiff can hold the owner of that plane absolutely liable for any resulting damages.

Since determining fault is so difficult, and aviation law is so complex, if you or a loved one has been injured in an aviation accident, it is essential that you contact an attorney experienced in handling aviation accidents that will protect your legal rights and maximize your recovery.  If you would like us to give you a referral please call toll free at (800) 807-9530 for a confidential consultation or fill out our contact us form and we will call you.