Aviation Disasters - How Authorities Determine Cause and Negligence

Aviation disasters are a rare occurrence, but the devastation of mass casualties and/or injuries makes them more catastrophic. Human error and mechanical failure are the most common reasons for aviation accidents. The Federal Aviation Administration (FAA) is responsible for setting safety standards for the airline industry. As the governing body, the FAA regulates pilot actions, the monitoring of flight operations and aircraft manufacturers. Not meeting the minimal standards often leads to an airplane crash.

Reasons that May Cause an Airplane Crash

There are many reasons an airplane crash may occur. Errors by pilots in miscalculating landing space, for example, may occur. Air traffic controllers may cause an airplane crash. Violating FAA regulations with faulty equipment, neglecting regular maintenance and repairs are other sources of aviation disasters. Structural and design problems by airplane manufacturers often result in disasters if the problems are not fixed promptly.

Determining Cause and Negligence

The circumstances that caused an aviation disaster typically determine liability and negligence. The responsible party for the cause might be the manufacturer, the airline company or a federal entity such as the FAA – when an air traffic controller is involved.

Liability for an Aviation Disaster

Failing to conduct proper maintenance of an airplane leaves the owner of the aircraft liable. The owner is responsible for the maintenance and operation of the airplane, whether on the ground or in the air.

If components of the airplane failed due to production, the manufacturer could be held liable for not taking corrective measures. When tests show that the manufacturer should have known about an issue and failed to report it or worn the owner, the manufacturer is at fault when an accident occurs.

Accidents that result from federal guidelines or FAA regulation errors, the federal government is liable.

Seeking Damages for an Aviation Disaster

Determining who is at fault is sometimes difficult, especially when multiple injuries and/or deaths occur. The complex litigation might include various legal theories from state, federal or international law.

A case may include several defendants and different courts where a potential trial could take place. Additionally, the injured parties must prove that the liable party failed to meet industry standards, which resulted in the accident. Again, this could occur due to operation of the aircraft, manufacturing or regulatory issues. Typically, negligence, product liability or a combination of each must fulfill legal theories for a valid claim. Federal rules and regulations can impact the claim.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Attorneys Searcy, Denney, Scarola, Barnhart & Shipley is a law firm providing focus counsel on Aviation Disasters, and has provided this for informational purposes only.