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