Manuel Salvacion asked:


Generally, airplanes are considered a safe means of transportation in Los Angeles, but when accidents occur, they often end with fatal results. Relatively, aviation accidents involving large aircrafts such as commercial airline jets seldom happen compared to the number of accidents involving smaller, private aircraft, which are more frequent than most people realize because most of these airline incidents are unreported.

According to the Federal Aviation Administration (FAA) air travel is expected to double over the next 20 years. As air traffic increases, the risk of an aviation accident also rises.

Aviation accident law covers both major air carrier and general aviation accidents. General aviation includes all non-commercial aircraft including small plans, large business jets, charter flights, pleasure crafts, helicopters, and hang gliders.

Types of Aviation Accidents

Airplane accidents include not only crashes, but also incidents on planes that cause injuries, such as falling baggage, assaults, and other related incidents.

The types of accidents that can cause injury to passengers and crew include:

• Crashes and collisions

• Accidents occurring on the runway and during transport to and from planes

• Accidents due to air traffic control error and miscommunication

• Shifting baggage during flight or on the runway falling on people

• Pilot negligence

• Mechanical failure

Liability in Aviation Accidents

Determining who is at fault in an aviation accident will often require the skills and knowledge of an experienced aviation accident lawyer.

In aviation accidents that occurred in Los Angeles, liable parties vary depending on the cause of the accident. The owner and operator of the aircraft and the manufacturers or maintenance suppliers may be held liable; even the federal government may bear some responsibility in an aircraft accident.

Vicarious Liability – Owner medications without a prescription or Operator

If carelessness or recklessness can be proven, aircraft owners and operators will be held liable for the damages suffered by injured parties, including passengers, people on the ground, and even the pilot during an accident. If the aircraft was being operated by another person but not the owner when the accident occurred, the owner may still be held liable under a legal theory called vicarious liability.

Strict Liability – Manufacturer

The manufacturer of an aircraft can be held liable if the victim of an accident can prove that a defect in the product (the aircraft) or a component part caused his or her injuries. This is referred to as strict liability. It is important to remember that liability laws differ from state to state.

Comparative Fault – Both the Owner/Operator and the Manufacturer

In many cases, both the pilot and the manufacturer are held liable for an aircraft accident. This is called comparative fault. The jury must determine the percentage of liability attributable to each of the defendants. For example, a pilot may be 35 percent at fault for losing control of an aircraft, but the manufacturer may be 65 percent at fault for defective landing gear. Most states use comparative fault and distribute the blame between the two parties.

Liability of the Federal Government

Air traffic control is a primary duty of the federal government, which is under the responsibility of the FAA through the Air Traffic Control System (ATC). If an aircraft accident involves a collision, the ATC may be held accountable and included in the case as a defendant in litigation.

Common Carriers Liability

Commercial airlines fall under the legal classification of a common carrier and governed by a different, more stringent, standards than are private carriers. Common commercial airline are under the FAA’s responsibility being the principle federal agency tasked with regulating air carriers and imposing standards, operating procedures, and monitoring the aircrafts. Finding liability of common carriers will need an understanding of the complex rules and regulations.

The Role of Lawyers in Aviation Accidents

Personal injury cases involving airplanes require the expertise of Los Angeles aviation accident lawyers. Aviation litigation is complex and often involves an analysis of state, federal, and potentially international law. Aviation accident cases also involve several issues that could affect the outcome of litigation: the parties that may be named as defendants, questions of venue, aviation engineering, industry standards and federal government rules and regulations. In this case, it would be better to leave the matter to the care of an experienced aviation accident lawyer.

For a more advantageous result regarding your aviation injury claim, visit our website and get a chance to consult our proficient Los Angeles aviation accident lawyers. Our legal team is very much effective in handling various types of personal injury claims.

D. Zuckercorn asked:


Despite a recent report in one of the nation’s top news papers detailing the surprising string of accident free years in commercial aviation, aviation lawyers have been kept busy by any number of legal and liability issues. It has been found in a recent study that commercial fights in the United States have gone two consecutive years without a related accidental death. This is the first time that in the history of United States aviation that this feat has occurred. However, the average aviation lawyer still must battle over certain safety and liability issues that have kept the need for such specialized lawyers in demand. These lawyers, while obviously not having to concern themselves with personal injury claims due to accidents in the previous years of relative safety, have still had their hands full with defining regulatory bodies and creating new and protective laws for consumers, bystanders, buy drugs without a prescription and workers.

While assigning liability in an accident and insuring that a claimant receives due process of law and proper compensation where deemed necessary is the primary task of an aviation lawyer, it is not the only task. These specialized lawyers must deal with a complicated set of government institutions at the state and local level, and may even have to deal with international regulatory bodies for large, commercial flights. These agencies, committees, and other regulatory bodies are largely created from case files brought through and prosecuted by lawyers. Just like criminal law, aviation law has been created by these vast networks of case files and court decisions. These regulatory bodies have sprung from these decisions. Creating these laws, therefore, dominates much of these attorneys’ time and energy even when there are few commercial accidents to prosecute.

Aviation attorneys are also employed to institute safety standards. Many of these attorneys are involved in, or used to be involved in, commercial or private aviation. Many are current or former pilots and enjoy private joy flights. They are, given their concurrent knowledge of law, uniquely qualified to institute and maintain safety standards. By providing this service, they are insuring that when you buy your ticket for your next flight, you can be guaranteed of certain standards. These include safe airplane design, fully functioning safety systems (such as lighted pathways, available exits, flotation devices, etc.), regular maintenance schedules, and age limits on old aircrafts. Without these basic guarantees commercial flying could be a dangerous practice. Once these safety guidelines are established, attorneys can then use these standards to prosecute those at fault during an accident and more easily assign liability to those at fault.

Even while the United States has had two consecutive years without a death associated with the commercial airline industry, the average aviation lawyer is still busy and in demand. Despite the fact that there have been no accidents to prosecute, these specialized lawyers still must maintain strict industry safety standards, thus insuring that the unprecedented string of safe and successful flights continue, and develop and fine tune the developing field of aviation litigation and law. Therefore, these particular lawyers are still heavily in demand.