Every day, a number of people across each state and even the United States use airplanes to travel. In most cases, passengers depart and arrive safely. However, when an airplane does crash, it can cause catastrophic injuries to the passengers, and in some cases death. Aviation, aircraft, and airplane accident cases are extremely complex, and they require a thorough understanding of state and federal aviation law. These laws typically exist to regulate safety standards and operating procedures for aircrafts. The scope of aviation law is broad and covers personal injuries that take place on board an aircraft, including slip and fall accidents, wrongful death, and more.
A common carrier is one that represents to the public that its principal business is to transport individuals or cargo from one place to another for monetary compensation. Airlines, commercial buses, ferries, and trains are considered common carriers. In the context of aviation, airline operators owe a high duty of care to passengers on board. A high duty of care simply refers to the fact that airlines have a legal obligation to be vigilant about the safety of passengers.
There are a number of reasons that airplane crashes can happen, including a failure to abide by safety standards, a failure to maintain the aircraft, any dangerous conditions inside the aircraft, a failure to check the weather conditions, overloading an airplane, negligent actions by the pilot, and more. Due to the potential for accidents, airlines carry insurance to cover passengers in case of an accident.
The Montreal Convention is an air carrier treaty adopted by the International Civil Aviation Organization in the late 1990s that covers international flights. Under these laws, an airline can be liable for up to $170,000 per passenger if there is an accident. While an airline may not be the only party at fault in an airplane crash, an airline is subject to liability for both economic and non-economic damages in a lawsuit brought by a victim. A victim may be able to include other parties to the lawsuit, including an aircraft manufacturer, the pilot, or an air traffic controller.
There is currently no cap on how much a plane crash victim can recover after an incident. In fact, in a lawsuit filed by an accident victim, the burden of proof is on the airline to demonstrate it took every safeguard possible to prevent the crash.
Laws governing aviation are extremely complicated, and the root causes of an airplane crash can be very difficult to ascertain. This is precisely why you should seek the help of a qualified personal injury attorney who will be able to review your case. Robert Dixon is a highly skilled Miami plane crash attorney who has helped countless clients with their personal injury claims. If you or someone you know has been injured in an airplane accident, it is best to seek help as soon as possible. Depending on the facts of your case, you may also have a valid wrongful death claim. Contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.
More Blog Posts:
Automobile Accidents with International Drivers in Florida, South Florida Injury Lawyer Blawg, November 12, 2014
Florida Statute of Limitations for Injury Claims & the Discovery Rule, South Florida Injury Lawyer Blawg, November 5, 2014,