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Available Damages In Aviation Accidents

Posted by on Jun 29, 2016 in Car Accidents | 0 comments

Available Damages In Aviation Accidents

Airplanes are often regarded as one of the safest means of transportation. However, aviation accidents do happen from time to time and they are usually more devastating than other accidents. According to a report by the International Civil Aviation Organization (ICAO), there were 904 fatalities in 2014. This was the highest number in the last five years due largely to tragic accidents such as the Malaysian Airlines Flight MH 370 and Malaysia Airlines Flight MH 17.

According to the website of Williams Kherkher, cases involving airplane crashes are quite complex. It will require much time, energy, focus, and money. They can file a lawsuit against a wide range of parties ranging from the pilot, airport operator, air traffic controllers, and others. The available damages will depend on the facts of the case. Here are some of the damages that surviving family members of the deceased can recover in an aviation accident:

  1. Strict Liability

Pilot error is one of the main causes of aviation accidents. In these cases, liability of the pilot is usually determined by the existence of negligence. Did the pilot fail in acting reasonably in caring for the passengers? If the crash was due to a malfunctioning component, the liability falls on the manufacturer of the aircraft or component. In strict liability against the manufacturer, there is no need to proof that negligence of a person resulted to the accident.

  1. Comparative Liability

In aviation accidents, comparative liability awards damages according to the percentage of liability of each party. For instance, the judge can make the pilot 35% responsible and the manufacturer 65% liable for the accident.

  1. Common Carriers Liability

Commercial airlines belong to a legal classification called “common carriers” and can be held liable under the Common Carrier Liability laws. The Federal Aviation Administration (FAA) sets the rules and regulations involving commercial airlines. Common carrier liability is more stringent than general aviation laws.

  1. Willful Misconduct

Under the Warsaw Convention, willful misconduct may include the following:

  • Prior knowledge that an action would most likely result in injury or damage
  • Wanton disregard that an action could cause an accident
  • Intentional failure to discharge a duty related to safety

Filing An Aviation Accident Lawsuit

Under the Warsaw Convention, there are four possible places for filing a lawsuit:

  • The country where the plane ticket was bought
  • The country of the final destination point for the flight
  • Countries where the airplane is incorporated
  • The country where the carrier conducts business

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