Practice Areas

Aviation Accidents


 
Aviation Accidents

Airplane Runway Incursions:
The Federal Aviation Administration (FAA) defines a runway incursion as any occurrence at an airport involving an aircraft, vehicle, person, or object on the ground that creates a collision hazard or results in loss of separation with an aircraft taking off, intending to take off, landing, or intending to land.  Many assume that once a plane has safely landed all potential danger is gone. Unfortunately, statistics show otherwise.  Since 1993, the number of runway incursions has increased over 70%.  The National Transportation Safety Board (NTSB) considers this increase in runway incursions one of the ten most significant safety issues facing air travelers today.   A number of factors can cause runway incursions including pilot error (proceeding into unauthorized areas such as closed runways or taxiways), air traffic controller error (transmitting misinformation to pilots regarding ground maneuvers), and ground personnel errors (deviations by baggage carts, fuel trucks, maintenance vehicles, etc.).  The consequences of runway incursions range from minor aircraft or vehicle damage to catastrophic loss of life.

Defective Products in Airplanes, Helicopters and Other Aviation Equipment:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the general stream of use and commerce.  Products liability cases may include defective or poorly designed machinery, tools, airline vehicle defects, airplane safety devices, emergency equipment and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for products liability, and recover damages under one of the following categories: strict products liability, negligence, or breach of warranty.

Aviation products liability cases represent a unique hurdle for the person bringing a lawsuit because it is necessary to establish that the manufacturer could have used a reasonable, alternative design that would have prevented the victim’s injury or death.  In order to establish a reasonable, alternative design, the suing party will often need the testimony of an engineer or other expert to critique the manufacturer's design and to suggest the alternative design.

GARA, the General Aviation Revitalization Act of 1994, is designed to protect manufacturers of smaller, private aircraft (less than 20 seats) from accident liability involving older airplanes and/or parts.  GARA bars lawsuits against the manufacturer of an aircraft or component part once that item has been in service for 18 years.  GARA does not apply if the aircraft was engaged in scheduled passenger carrying, or involved in air medical service operations at the time of the accident.

Wrongful Death Caused by Airplane Accident:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization.  A legal action for wrongful death caused by an airplane accident belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in a plane crash case, the following elements must be present:

The death of a human being caused by another's negligent or intentional conduct.

The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in most jurisdictions in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived.  It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, companionship, comfort, affection, society, solace or moral support.