| Generally, airplanes are considered a safe means of | | | | under a legal theory called vicarious liability. |
| transportation in Los Angeles, but when accidents | | | | Strict Liability - Manufacturer |
| occur, they often end with fatal results. Relatively, | | | | The manufacturer of an aircraft can be held liable if |
| aviation accidents involving large aircrafts such as | | | | the victim of an accident can prove that a defect in |
| commercial airline jets seldom happen compared to | | | | the product (the aircraft) or a component part caused |
| the number of accidents involving smaller, private | | | | his or her injuries. This is referred to as strict liability. It is |
| aircraft, which are more frequent than most people | | | | important to remember that liability laws differ from |
| realize because most of these airline incidents are | | | | state to state. |
| unreported. | | | | Comparative Fault - Both the Owner/Operator and the |
| According to the Federal Aviation Administration (FAA) | | | | Manufacturer |
| air travel is expected to double over the next 20 | | | | In many cases, both the pilot and the manufacturer are |
| years. As air traffic increases, the risk of an aviation | | | | held liable for an aircraft accident. This is called |
| accident also rises. | | | | comparative fault. The jury must determine the |
| Aviation accident law covers both major air carrier | | | | percentage of liability attributable to each of the |
| and general aviation accidents. General aviation | | | | defendants. For example, a pilot may be 35 percent at |
| includes all non-commercial aircraft including small plans, | | | | fault for losing control of an aircraft, but the |
| large business jets, charter flights, pleasure crafts, | | | | manufacturer may be 65 percent at fault for defective |
| helicopters, and hang gliders. | | | | landing gear. Most states use comparative fault and |
| Types of Aviation Accidents | | | | distribute the blame between the two parties. |
| Airplane accidents include not only crashes, but also | | | | Liability of the Federal Government |
| incidents on planes that cause injuries, such as falling | | | | Air traffic control is a primary duty of the federal |
| baggage, assaults, and other related incidents. | | | | government, which is under the responsibility of the |
| The types of accidents that can cause injury to | | | | FAA through the Air Traffic Control System (ATC). If |
| passengers and crew include: | | | | an aircraft accident involves a collision, the ATC may |
| • Crashes and collisions | | | | be held accountable and included in the case as a |
| • Accidents occurring on the runway and during | | | | defendant in litigation. |
| transport to and from planes | | | | Common Carriers Liability |
| • Accidents due to air traffic control error and | | | | Commercial airlines fall under the legal classification of |
| miscommunication | | | | a common carrier and governed by a different, more |
| • Shifting baggage during flight or on the runway | | | | stringent, standards than are private carriers. Common |
| falling on people | | | | commercial airline are under the FAA’s |
| • Pilot negligence | | | | responsibility being the principle federal agency tasked |
| • Mechanical failure | | | | with regulating air carriers and imposing standards, |
| Liability in Aviation Accidents | | | | operating procedures, and monitoring the aircrafts. |
| Determining who is at fault in an aviation accident will | | | | Finding liability of common carriers will need an |
| often require the skills and knowledge of an | | | | understanding of the complex rules and regulations. |
| experienced aviation accident lawyer. | | | | The Role of Lawyers in Aviation Accidents |
| In aviation accidents that occurred in Los Angeles, liable | | | | Personal injury cases involving airplanes require the |
| parties vary depending on the cause of the accident. | | | | expertise of Los Angeles aviation accident lawyers. |
| The owner and operator of the aircraft and the | | | | Aviation litigation is complex and often involves an |
| manufacturers or maintenance suppliers may be held | | | | analysis of state, federal, and potentially international |
| liable; even the federal government may bear some | | | | law. Aviation accident cases also involve several |
| responsibility in an aircraft accident. | | | | issues that could affect the outcome of litigation: the |
| Vicarious Liability - Owner or Operator | | | | parties that may be named as defendants, questions |
| If carelessness or recklessness can be proven, aircraft | | | | of venue, aviation engineering, industry standards and |
| owners and operators will be held liable for the | | | | federal government rules and regulations. In this case, it |
| damages suffered by injured parties, including | | | | would be better to leave the matter to the care of an |
| passengers, people on the ground, and even the pilot | | | | experienced aviation accident lawyer. |
| during an accident. If the aircraft was being operated | | | | To help you pursue claims for aviation accidents, |
| by another person but not the owner when the | | | | consult with our skilled aviation accident lawyers. Visit |
| accident occurred, the owner may still be held liable | | | | our website and avail of our free case consultation. |