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Common Liabilities Determined By Aviation Accident Lawyers

Generally, airplanes are considered atheory called vicarious liability.
safe means of transportation in LosStrict Liability - Manufacturer
Angeles, but when accidents occur, theyThe manufacturer of an aircraft can be
often end with fatal results.held liable if the victim of an accident
Relatively, aviation accidents involvingcan prove that a defect in the product
large aircrafts such as commercial(the aircraft) or a component part
airline jets seldom happen compared tocaused his or her injuries. This is
the number of accidents involvingreferred to as strict liability. It is
smaller, private aircraft, which areimportant to remember that liability
more frequent than most people realizelaws differ from state to state.
because most of these airline incidentsComparative Fault - Both the Owner
are unreported.Operator and the Manufacturer
According to the Federal AviationIn many cases, both the pilot and the
Administration (FAA) air travel ismanufacturer are held liable for an
expected to double over the next 20aircraft accident. This is called
years. As air traffic increases, thecomparative fault. The jury must
risk of an aviation accident also rises.determine the percentage of liability
Aviation accident law covers both majorattributable to each of the defendants.
air carrier and general aviationFor example, a pilot may be 35 percent
accidents. General aviation includes allat fault for losing control of an
non-commercial aircraft including smallaircraft, but the manufacturer may be 65
plans, large business jets, charterpercent 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 Accidentsparties.
Airplane accidents include not onlyLiability of the Federal Government
crashes, but also incidents on planesAir traffic control is a primary duty of
that cause injuries, such as fallingthe federal government, which is under
baggage, assaults, and other relatedthe responsibility of the FAA through
incidents.the Air Traffic Control System (ATC). If
The types of accidents that can causean aircraft accident involves a
injury to passengers and crew include:collision, the ATC may be held
- Crashes and collisionsaccountable and included in the case as
- Accidents occurring on the runway anda defendant in litigation.
during transport to and from planesCommon Carriers Liability
- Accidents due to air traffic controlCommercial airlines fall under the legal
error and miscommunicationclassification of a common carrier and
- Shifting baggage during flight or ongoverned by a different, more stringent,
the runway falling on peoplestandards than are private carriers.
- Pilot negligenceCommon commercial airline are under the
- Mechanical failureFAA's responsibility being the principle
Liability in Aviation Accidentsfederal agency tasked with regulating
Determining who is at fault in anair carriers and imposing standards,
aviation accident will often require theoperating procedures, and monitoring the
skills and knowledge of an experiencedaircrafts. Finding liability of common
aviation accident lawyer.carriers will need an understanding of
In aviation accidents that occurred inthe complex rules and regulations.
Los Angeles, liable parties varyThe Role of Lawyers in Aviation
depending on the cause of the accident.Accidents
The owner and operator of the aircraftPersonal injury cases involving
and the manufacturers or maintenanceairplanes require the expertise of Los
suppliers may be held liable; even theAngeles aviation accident lawyers.
federal government may bear someAviation litigation is complex and often
responsibility in an aircraft accident.involves an analysis of state, federal,
Vicarious Liability - Owner or Operatorand potentially international law.
If carelessness or recklessness can beAviation accident cases also involve
proven, aircraft owners and operatorsseveral issues that could affect the
will be held liable for the damagesoutcome of litigation: the parties that
suffered by injured parties, includingmay be named as defendants, questions of
passengers, people on the ground, andvenue, aviation engineering, industry
even the pilot during an accident. Ifstandards and federal government rules
the aircraft was being operated byand regulations. In this case, it would
another person but not the owner whenbe better to leave the matter to the
the accident occurred, the owner maycare of an experienced aviation accident
still be held liable under a legallawyer.



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