As most airline companies are based overseas, making them liable for any accident or injury can prove to be a challenge. There are several factors that can cause aviation accidents but whatever they are it will almost always be fatal for everyone on the plane. Depending on the cause, different parties can be held liable for the airplane crash. Aviation accidents are governed by Federal and state laws. Most states impose criminal sanctions on the liable parties.
Aviation laws are designed to maintain safety. There are several government agencies that regulate the aviation industry. The Federal Aviation Administration (FAA) handles aviation safety. The National Transportation Safety Board (NTSB) investigates accidents and provides safety recommendations to prevent future accidents. It is worth noting that these two agencies are independent of each other.
As to who can be held liable for aviation accidents? It will depend on the cause of the crash. For example, if the accident was due to human error or negligence, the liability will fall on the owner and operator of the aircraft. If the crash resulted from engineering or mechanical failure, the manufacturer or supplier of the components can be held liable.
The General Aviation Revitalization Act of 1994 (GARA) was enacted as protection for manufacturers of smaller private aircraft from any liabilities from accidents involving older airplanes and/or components. Under the law, a manufacturer of an aircraft or component part cannot be sued if the item has been operating for 18 years. GARA, however, is not applicable to aircraft that is involved in scheduled carrying of passengers or air medical services operations when the accident happened.
The liability will also differ depending on whether the flight was domestic or international. The rules will vary depending on the state as well as the airport. This is the reason why aviation accidents is one of the most complicated when it comes to determining liability. You can consult a Milwaukee accident lawyer for help on filing the case.Read More