Aviation and Plane Accident Lawyer

While traveling by commercial airline remains the statistically safest mode of transportation by far, airplanes big and small are still not immune from defects stemming from manufacturer oversight and negligence. Unfortunately, when those defects are substantial enough to result in an aviation accident, the consequences for those onboard the impacted plane and their loved ones on the ground can be absolutely devastating.

If an airborne incident can be traced back to a design, manufacturing, or marketing issue with the aircraft itself rather than pilot error or poor maintenance, a skilled attorney might be able to help injured individuals seek compensation for their losses through a product liability claim. Working with a knowledgeable aviation and plane accident lawyer in this unique situation can be absolutely essential to maximizing the odds of a favorable case outcome, and accordingly a plaintiff’s chances of substantive financial recovery.

Establishing Strict Liability for a Defect in a Plane

Perhaps the most critical distinction between product liability claims following plane accidents and other forms of personal injury litigation directly against pilots and their employers is the fact that traditional “negligence” rules often do not apply to the former type of case. In the interest of ensuring that consumer products work as intended and are safe to use as directed, most U.S. states have established laws holding product manufacturers “strictly liable” for product defects leading directly to consumer injuries.

Broadly speaking, there are three actionable “defects” a product may have that could give rise to strict liability on the part of its manufacturer for subsequent harm, all of which an aviation and plane accident attorney could discuss in greater detail. Specifically, there may be a design defect that makes all incarnations of the product dangerous in the same way, a manufacturing defect that makes a particular incarnation or batch of an otherwise safe product dangerous, and a marketing defect that entails a manufacturer failing to provide appropriate warnings and instructions for safe use of their product.

Depending on the U.S. state in which a plaintiff pursues their case, the standard for “strict liability” for a defective product injury may involve determining whether the product was “unreasonably dangerous” or whether the risks of the defect outweighed the product’s overall benefits as designed. Either way, a person who can prove that a product was actionably defective when it left its manufacturer’s control, that they used the product in a reasonable way and/or as intended, and that their injuries stemmed directly from that defect may have grounds for civil recovery.

Recovering Comprehensively for Ensuing Losses

Actionable defects in airplanes can range from problems as dramatic as in-flight engine failures to issues as seemingly small as a loose bolt underneath a seat or a slightly deformed door seal. Whatever specific issue leads to someone getting hurt, though, they—or their surviving family members, in the event of a fatal incident—could potentially recover for every form of harm they can trace back to that defect through a successful lawsuit or settlement demand.

Specific recoverable damages may vary on a case-by-case basis, but they often include:

  • Past and future medical expenses
  • Property damage and replacement costs
  • Lost work income
  • Lost consortium
  • Lost enjoyment of life
  • Physical and emotional pain
  • Funeral expenses, lost comfort and companionship, lost future financial support, and other damages stemming from wrongful death

A qualified lawyer could go into detail for a specific aviation accident victim about what damages they could possibly incorporate into a plane accident claim.

Talk to an Aviation and Plane Accident Attorney About Legal Options

While commercial planes are extremely safe, smaller aircraft can be deceptively dangerous to pilot or ride in, especially if they are poorly designed and/or manufactured. If you suffered injury because of a defect in any kind of plane, you may need to act quickly to secure the financial compensation you deserve.

An experienced aviation and plane accident lawyer could ensure you understand your rights and help you pursue a favorable resolution to your case. Schedule your initial consultation today.