Liability - Manufacturer

The manufacturer of an aircraft can be held liable if the victim of an accident can prove that a defect in the product (the aircraft) or a component part caused his or her injuries, under a legal theory known as "strict liability". It is important to remember that liability laws differ from state to state. (More on product liability in aviation accident cases).

Liability of Owner/Operator and Manufacturer - Comparative Fault

In many cases, both the pilot and the manufacturer may be held liable for an aviation accident. This raises a legal issue called "comparative fault," meaning that the judge or jury during trial must determine the percentage of liability attributable to each of the defendants. For example, a pilot may be 35 percent at fault for losing control of an aircraft, but a manufacturer may be 65 percent at fault for defective landing gear. Only a few states bar recovery from a manufacturer if the pilot's negligence contributed to a crash; most states use comparative fault and distribute the blame between the two parties.

Liability of the Federal Government

A primary duty of the federal government is to control all air traffic. The FAA is ultimately responsible for this enormous function. If an aviation accident involves a collision or other avoidable navigation error, a key question is whether or not the FAA and air traffic controllers did their job correctly.

Damages

The typical categories of recoverable damages in a personal injury claim arising from an aviation accident include:

• Past and future medical expenses;
• Lost wages and, lost earning capacity
• Past and future pain and suffering;
• Emotional distress;
• Loss of consortium/association (usually available to married couples only); and
• Punitive damages.

Each jurisdiction will differ as to what damages may be recovered, and what proof is required for each category. Many states also impose "caps" on certain categories of damages, thereby limiting a potential recovery. An experienced aviation attorney can help you choose the best jurisdiction and present your damages properly, to ensure that you are fairly compensated for your injuries.

Getting Help

Any legal claim arising from an aviation accident requires a detailed understanding of aircraft function and safety, FAA regulations, and specific rules related to aviation litigation. If you have suffered injury or the death of a loved one due to an aviation accident, contact an attorney with experience in aviation litigation cases. Aviation litigation is complex and involves an analysis of state, federal, and potentially international law. There are numerous issues that will affect the outcome of aircraft litigation: the parties that may be named as defendants, questions of venue, aviation engineering, industry standards and federal government rules and regulations. If you have been injured or a family member has been killed in an aircraft accident, you should contact an attorney who is experienced in this complex legal area in order to protect your rights.

See also:

• In-Flight Injuries on Airplanes
• Product Liability and Aviation Accidents
• Aviation Accidents - FAQ
• Aviation Accidents - Resources