No Fee Unless We Win
(215) 866-2424
The consequences of an aviation accident can be catastrophic. When a commercial plane, private or corporate jet, or helicopter is involved in a crash, many more factors could lead to serious injury or death than in a simple automobile collision. Likewise, determining who is at fault in an aviation accident can be a much more complex task involving multiple parties committing negligence or misconduct. Aviation liability can extend to various entities and individuals including airlines, aircraft manufacturers, maintenance providers, air traffic controllers, and even pilots themselves.
If you’ve suffered an injury or the loss of a loved one following an aircraft crash, it’s important to understand how liability works in aviation accidents. The already-intricate legal landscape often becomes even more complicated when it involves numerous large airline corporations, insurance companies, government agencies, and multiple victims, all with their own sides of the story. Furthermore, the implications of being found liable are considerable, as liability determines who is to be held accountable for compensating victims and their families for the damages they endure, including medical expenses, lost wages, funeral and burial costs, emotional trauma, as well as pain and suffering.
Securing qualified legal counsel following an aircraft accident is a critical step in determining fault and holding all responsible parties accountable for their negligence. An injury attorney with demonstrated success representing victims of aviation disasters knows how to advocate for clients throughout the extensive legal process, developing effective strategies that clearly establish liability and help obtain full and rightful compensation for undue loss.
Generally, liability in aviation accidents may fall to manufacturers, to operators, or to some combination thereof. An aircraft or component manufacturer could be found liable if faults in design, defective or shoddy materials, or errors in construction or assembly play a role in causing a plane to crash. In contrast with manufacturer liability, operator liability involves the way in which an aircraft Is flown, handled, or managed. Pilot errors, lack of proper maintenance, insufficient training, disregard of safety regulations, and other negligent mistakes by individuals like air traffic control or grounds crew could indicate operator liability in an aviation accident.
Differentiating between manufacturer and operator negligence is crucial when it comes to determining who is at fault for an aviation accident and therefore responsible for compensating victims. The way in which cases involving manufacturer liability due to defective products, design, or materials are litigated often varies greatly from those based solely on operator liability. Sometimes, more than one party’s negligence may play a role, in which case liability could be shared among multiple entities.
Planes and helicopters are complex machines with thousands of parts. It is possible that negligent errors in the design, manufacturing, or installation of a physical part or the overall assembly of an aircraft could cause mechanical or equipment failure and lead to an aviation accident.
Consider how faulty landing gear, rudder, gauges or tools, misfiring electrical systems, engine defects, and other malfunctioning components could make an accident practically inevitable. Even the most responsible and skilled pilots who react as quickly as possible to indications of mechanical or equipment failure may not be able to prevent the aircraft from crashing, resulting in serious harm to others.
Should authorities discover that a defective or failing aircraft or component led to an aviation accident, the manufacturer could be found liable for the damages caused. Often, the exact source of mechanical failure is only discovered after extensive examination by the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB). The FAA oversees the production and maintenance of all aircraft and creates the standards they are required to meet., while the NTSB investigates all aviation accidents and uses their findings to improve air safety travel.
As someone affected by an aviation accident, it’s important to have a legal professional dedicated to your particular interests to help you seek compensation from the negligent manufacturer of a defective aircraft. The Beasley Firm has successfully represented hundreds of victims of manufacturer error cases, including in a groundbreaking aviation accident case stemming from a defective pilot’s seat, resulting in a $29 million verdict.
Aircraft owners and operators are implicitly responsible for ensuring that all passengers, as well as flight crew in the air (and on the ground), are safe in-flight as well as before and upon landing. An owner or operator who does not uphold their responsibility to those in their care may be considered liable for those affected if their negligence causes an aviation accident.
Operator errors may be due to true negligence by a pilot, such as errant flight maneuvers, improper management of fuel, lack of proper communication with air traffic control or failure to adhere to established guidelines, or due to a pilot’s incompetence or lack of adequate training or vetting. If their negligent mistakes or inadequacies occur in the normal course of their employment, their employer — i.e., the commercial airline, corporate or private aviation company, charter service, tourism outfit, or even a military or government agency that hired them and placed passengers and crew in their care — could be held legally responsible for an aviation accident they cause.
On the other hand, if a pilot or operator error is the result of intentional recklessness, violence, or criminal activity (such as flying an aircraft while intoxicated), not only could the pilot be held personally liable, but they would also face criminal charges. Depending on the details, airline liability could also be a factor, particularly if as an employer they did not have proper measures in place to prevent an inebriated or dangerous pilot from operating a plane.
Regular, diligent maintenance is also the responsibility of the airline, company, or organization that owns and often operates the aircraft. Just like with automobiles, aircraft require routine maintenance to remain reliable and safe, and they must pass periodic inspections to be in compliance with FAA regulations. Additionally, meticulous maintenance records must be kept of all aircraft in a fleet. If mechanical or engine malfunction occurs after failure to keep up with proper maintenance, repair protocols, certifications, or other requirements (including recordkeeping), the party responsible for maintenance — often the airline — bears liability for any aviation accidents, injuries, or deaths that result.
Criteria used to determine fault or liability in all accident or injury cases also applies to aviation accidents. In the context of aviation liability, the following must be proven in order for a case to be successful:
The airplane accident lawyers of The Beasley Firm have a proud history of advocating for victims of aviation accidents, helping clients recover millions of dollars in compensation after suffering catastrophic loss in aircraft crashes. Consider a few of our most significant aviation lawsuit cases:
Determining liability in an aviation accident is complicated. Whether the party at fault is the aircraft manufacturer, the airline, the aircraft pilot or operator, another individual or entity, or a combination of parties, having an experienced attorney with extensive knowledge of the aviation industry and safety protocols can make all the difference in the outcome of your case.
At The Beasley Firm, our managing partner, Jim Beasley, Jr., is an accomplished stunt pilot with multi-engine instrument ratings. His background provides an unparalleled understanding of aviation accident cases and their intricacies. Meanwhile, recent addition to our practice, John Gagliano, Esq., has helped previous clients obtain more than $123 million in aviation accident settlements and verdicts.
Work with our nationally recognized firm to pursue the just compensation you deserve. Call The Beasley Firm at (215) 866-2424 or contact us online for a free case evaluation.
Liability in an aviation accident refers to the party or parties responsible for causing the accident or creating the circumstances that led to it. Liable parties can be held financially accountable by accident victims.
Some common causes of aviation accidents include:
Yes, if an airline (or one of its employees) commits a negligent action or an oversight that leads to an aviation accident, the airline may bear at least some liability.
In a wrongful death claim against a negligent airline, families who lose loved ones in aviation accidents can recover compensation for:
Aircraft and parts manufacturers are responsible for designing functional components, using materials of adequate quality, making parts that work as designed, and producing safe aircraft. If a manufacturer’s failure in any of these areas results in an accident, they could bear liability for the consequences and be held financially accountable.
Operator liability is when the pilot or another individual or party charged with an aircraft’s safe travel makes a negligent error or oversight that leads to an aviation accident. In that case, the party responsible for the error — or the party that employs the negligent individual — may bear financial liability for the damages the accident causes.
Aircraft owners and airlines have a duty to keep their fleets up to regulatory standards and to put only safe aircraft in the air. Failing to perform regular testing and other maintenance could allow unsafe aircraft to fly and potentially experience mechanical, engine, or other component malfunction while in operation, resulting in an aviation accident.
The Beasley Firm is known for our success litigating high-profile aviation accident cases including Guanere et al v. Cessna and Smith v. Republic of Iraq et al. In total, we have helped clients obtain tens of millions of dollars in aviation accident verdicts and settlements.
For any injury or wrongful death case, you greatly improve your chances at a successful outcome by securing legal representation. When it comes to airplane accidents, hiring an attorney with specific background handling aviation cases is even more critical because the complexities of determining liability may be particularly challenging to lawyers with less experience, and could result in a lesser settlement or judgment than you are entitled to.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.