While airplane accidents are rare, they do occur. The most common reasons for an airplane crash are negligence and product defects. You could file a negligence lawsuit if unintentional human error occurred causing the plane crash or injury. In a negligence case you will need to prove that a reasonable person of the same caliber as the defendant would not have acted in the same way. Pilots are required to meet certain standards of care when they are operating an aircraft. Some standards of care include pre-flight checklists, maintaining appropriate flight characteristics- altitude, speed, right of way- and following federal aviation law. A pilot’s failure to meet the standards of care could make them liable in a negligence case.
If the crash occurred because of a defect in the equipment's design or structural integrity, you could file a claim of product liability. You will need to show that the design or manufacturing defect caused the injuries incurred.
If the accident is caused by poor maintenance, the owner or mechanics might be at fault.
The owner, pilot, or both can be held liable if a person is injured or property is damaged under the airplane caused by ascent, descent, flight, or dropping objects. You own the area above your property and if a flight is deemed imminently dangerous to you or your property because of low altitudes, the owner or lessee will be held liable. Operating an aircraft less than 500 feet above land is considered reckless operation of the aircraft except when the aircraft is within a 3-mile radius of a landing area, an emergency landing, or the aircraft is a helicopter.
A new area of aviation is drone flights. Although it is legal for drone owners to fly over private property without getting permission from the property owner, if the drone causes substantial damage to the property, you can file a civil lawsuit for damages. Drone operators could be held liable if inappropriate videos or pictures too.
All torts, crimes or other wrongs committed against the staff of an airplane or passenger are governed by Tennessee, and the damages will be determined by Tennessee law.
You should document all injuries, medical treatments, costs, and lost earnings as a result of your accident. This information is necessary for your lawyer to properly evaluate your case and help you receive the full amount of compensation you are due.
The bottom line is you need an experienced attorney. Aviation cases are far more complicated than most injury cases. Aubrey Givens is not only an experienced injury lawyer, but also graduated with honors while obtaining his college degree in aviation. This included pilot training, airline management, and airport management. Experience and education are important. It is time to call upon the experience and expertise of Aubrey Givens and Associates at 615-248-8600 or email ContactUs@GivensLawFirm.com if you or a loved one has been injured because of aviation operations.