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