From the airline operators to the manufacturers of the aircraft and even third-party maintenance contractors, numerous entities could potentially bear responsibility for commercial plane accidents based on their involvement and the nature of their failings. Through extensive investigations, the lawyers of Callahan & Blaine can help you establish what went wrong and who is liable for damages.
Determining liability in aviation accidents hinges on understanding strict legal standards, including negligence and product liability laws. These standards ensure that all parties adhere to the highest safety protocols, and any deviation from these protocols can be addressed through a legal claim.
Who May Be Liable in a Commercial Plane Accident?
Determining liability in a commercial plane accident is a multifaceted process that involves proving a breach of duty of care. Several parties, including the following, could be accountable, depending on the circumstances surrounding the incident:
1. Airlines
The airline operating the flight is frequently a primary suspect in liability considerations. Airlines are responsible for maintaining the highest safety standards, which include regular maintenance of their aircraft, proper training and vetting of their staff, and adherence to all aviation regulations and safety procedures. If an accident is caused by negligence in any of these areas, the airline could be held liable for damages.
2. Aircraft Manufacturers
If the accident was caused by a defect in the aircraft or any of its components, the manufacturer of the aircraft could be liable. This liability is based on product liability law, which holds manufacturers liable for injuries caused by defects in their products that were present at the time of sale. Investigations focus on whether the design, manufacture, or marketing of the aircraft had flaws that contributed to the accident.
3. Maintenance Contractors
Airlines often outsource the maintenance of their aircraft to third-party service providers. These contractors are responsible for ensuring that all maintenance work is conducted according to the aircraft’s specifications and industry safety standards. If a failure in maintenance is linked to the accident, the contractor could be held liable for negligence.
4. Air Traffic Controllers
Air traffic controllers have an important job when it comes to the safety of air travel, as they manage the aircraft’s flight path and ensure that the airspace is safely navigated. Errors or negligence on the part of air traffic control can lead to accidents. In such cases, the controllers themselves, or the federal government, if the controllers are federal employees, could be found liable.
5. Other Parties
In certain cases, other entities such as airport operators, component part manufacturers, or even pilot errors could be contributing factors to an accident. Each of these entities has specific duties and responsibilities, and failure to fulfill these can result in legal liability.
How to Prove Liability in a Commercial Plane Accident
In California, liability for airplane accidents is primarily determined through two legal frameworks: negligence and strict product liability. These determinations follow detailed investigations by the Federal Aviation Administration and/or the National Transportation Safety Board.
Negligence is established when it is proven that one or more parties failed to perform their required duties with due diligence to maintain safety. The specifics of negligence can vary depending on the roles and responsibilities of the parties in each unique case.
For commercial airlines, there is an enhanced standard of care due to their status as “common carriers” — services that transport the public. This means that the threshold for proving negligence is lower in commercial airline cases compared to private aircraft incidents.
Strict product liability comes into play when an accident is directly caused by a failure in equipment or a mechanical fault. This can arise from various types of defects, such as design defects, which occur when a product does not perform safely under expected uses; manufacturing defects, which happen when errors are made during the production process; and marketing defects, which include failures to provide adequate warnings or instructions about the product.
Recoverable Damages in a Commercial Plane Accident
Victims of plane crashes or their surviving family members can pursue several types of damages to compensate for the losses they have endured due to the accident. You may recover the following types of damages in a successful commercial plane accident claim:
- Economic Damages: These compensate for quantifiable financial losses resulting from the accident. This includes medical expenses, both current and future, as well as lost wages if the victim was employed. It also covers loss of future earning capacity and any other out-of-pocket expenses caused by the accident.
- Non-Economic Damages: These are awarded for the more subjective, non-monetary consequences of an accident, which include pain and suffering, emotional trauma, loss of companionship (in the case of a death), and diminished quality of life. These damages recognize the personal and psychological impact of the crash on the victims and their families.
- Punitive Damages: While less common, punitive damages may be sought in cases where the conduct responsible for the crash was particularly reckless or egregious. These are meant to punish the opposing party and deter similar negligent or intentional behavior in the future.
The lawyers of Callahan & Blaine will assess the present and future damages you may be eligible to recover and fight aggressively on your behalf to obtain a favorable resolution.
Speak With the Commercial Plane Accident Lawyers at Callahan & Blaine
Commercial aviation accidents often involve complicated liability questions that require thorough investigation and legal expertise to resolve. At Callahan & Blaine, we have over 40 years of experience in handling high-stakes litigation, including complex aviation accident cases. Our team is composed of more than 27 trial attorneys, all with over eight years of experience, which ensures that your case is managed by seasoned professionals from the outset.
What sets us apart is our track record of achieving remarkable results, such as securing the largest jury verdict in Orange County history and the highest personal injury settlement in U.S. history. Our experience in litigating against major airlines, aircraft manufacturers, and other parties involved in aviation accidents positions us to pursue the maximum compensation possible for our clients. Contact us at (714) 241-4444 or visit our contact form to discuss how we may be able to assist you in seeking justice and compensation.
