The Federal Aviation Administration (FAA) predicts that the volume of air travel will double during the next 20-year period which means that the risk of being involved in an aircraft accident will also increase. Aviation accidents involving both commercial and private aircraft almost always result in catastrophic injury or death yet is highly complex to litigate. Aircraft accidents are extraordinarily complicated because they may involve federal and state regulations, industry standards, and technical aspects of aviation. The complexity involved in handling an aircraft accident requires experienced Kansas aviation accident lawyers like those at Cummings & Cummings, LLC. The attorneys at Cummings & Cummings, LLC understand that importance of familiarity with such issues as federal, state and maybe even international law, federal rules and regulations, product liability law (law related to defective products/components), questions of venue, and aviation engineering.
Two separate federal agencies share primary responsibility for regulation of air travel and investigate all aircraft accidents specifically the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB). The FAA establishes safety rules and regulations covering pilot conduct, flight operations, aircraft manufacturers, and aircraft maintenance. When an airline accident occurs, the NTSB investigates the aviation accident and promulgates safety standards directed at reducing the risk of future airline accidents. Liability may be based on failure to comply with industry standards related to the operation of the aircraft, engineering or regulatory standards.
The causes of aviation accidents are fairly diverse including pilot error, poor weather conditions, engine failure, maintenance issues, and collisions. Aviation accidents may involve multiple causes, and there are frequently multiple potential responsible parties including but not limited to the pilot, airline maintenance staff, and the manufacturers of the aircraft or component parts, the airline or aircraft owner and even the government. The attorneys at Cummings & Cummings, LLC will carefully investigate the circumstances of any aircraft accident and analyze all potential responsible parties.
While the responsible party and cause of every aviation accidents may be diverse based on the unique circumstances of the accident the most common legal theories are based on negligence or product liability or in some cases a combination of both. The prevalence of federal regulations means that the failure to comply with these rules and regulations may often form the basis of liability. Negligence is a legal theory based on failure to act as a reasonable person under similar circumstances to protect others from a foreseeable risk of harm. Aircraft pilots, maintenance personnel and commercial airlines are often liable under a negligence theory of liability.
The aircraft manufacturer or a manufacturer or supplier of a component part or system on the aircraft may be liable under a product liability theory where a product defect contributes to an aviation accident. Where product liability law is applied, the manufacturer or supplier may be liable for a defective product that contributes to the aircraft accident based on a strict liability theory. This means that negligence need not be proven rather the manufacturer or supplier is liable if the defective product contributed to the aviation accident. A commercial airline is also often held to a higher standard of liability as a “common carrier” which holds itself out as willing to carry any members of the public who purchase an airline ticket.
At Cummings & Cummings, LLC, we have the resources and experience to handle the complexity and sophistication involved in aviation accident litigation. Our knowledgeable attorneys work closely with aviation experts to determine the precise cause of an aircraft accident and the appropriate responsible parties. Cummings & Cummings, LLC will work hard to see that you or your family are aggressively represented against large airlines corporations and their insurance companies.
