While air travel is considered a safe means of transportation, fatalities and personal injury to passengers and crew can arise when aviation accidents happen. These accidents may be caused by pilot error, defective equipment, violations of federal aviation rules, human negligence, negligence of air traffic controllers, and third party negligence.
Aviation Accidents – Who was liable?
Those who suffer personal injuries arising from aviation accidents can pursue legal action against responsible parties, which could be the airline, the aircraft manufacturer, maintenance suppliers, or all of them in some cases. Owners and operators can be held liable for careless or recklessness that caused injuries and suffering to passengers, ground personnel and even the pilots. Under the theory of vicarious liability, the owners and operators may be held liable for the acts of their employees.
Common carriers may be held liable for claims under more stringent conditions than private carriers. A car crash lawyer Los Angeles has a good understanding of the road, while a lawyer dealing with aviation accidents have a good understanding of the complex FAA rules and regulations can help in bringing a successful claim against common carriers such as commercial airlines.
Manufacturers may also be held liable due to defects in the aircraft itself or defects in aircraft parts or component that led to the injury. A lawyer with extensive knowledge in product liability as it relates to aviation cases will be essential in bringing this type of claim.
What must be proved?
Claims can vary depending upon the cause of the accident and the injured party must prove that the defendant failed to meet industry standards relating to aircraft operation, engineering, structure and build and other regulatory issues. Negligence, or the failure to do or not do something that a reasonable person would have done under similar circumstances in order to avoid potential harm can also be imputed on pilots, maintenance personnel and providers and major airlines.
Injured parties can seek compensation in the form of damages for past and future medical expenses, loss of earning capacity, past and future pain and suffering, emotional hardship, loss of association for married parties, and punitive damages.
If you have suffered personal injuries from an aviation incident, you need legal assistance with extensive knowledge in aviation law, product liability and related areas of litigation. Work with an attorney who specializes in aviation accidents to give your claim a high chance of success.