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