The victim of an airplane or helicopter accident must act on his rights or lose them forever. That means the victim must file a lawsuit by the appropriate deadline. In some cases, the victim must first file a special claim form with the right governmental agency. If he fails to do so on time, or files it with the wrong agency, he
August 2009
Aircraft Maintenance Manuals and the Mechanic’s Liability
Maintenance manuals tell the mechanic when to perform an inspection or service, and how to perform it. Many mechanics believe that the regulations require them to follow the book exactly.
But in an excellent column on this murky subject, mechanic and aviation author Mike Busch sums up the regulatory requirements nicely:
The manufacturer’s “how-to” instructions
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FAA To Allow Boeing To Self-Certify Its Aircraft Designs
Aviation manufacturers have long argued that victims should not be permitted to sue for aircraft design defects because, before any manufacturer’s aircraft leaves the ground, its design has to be approved and certified by the FAA. If the aircraft’s design is good enough for the FAA’s engineers, they argue, it should be good enough for the court system. Judges…
Helicopter – Airplane Mid-Air Collision Over the Hudson: NTSB Boots It
Litigation Expenses
The costs of litigating an aviation accident case can total hundreds of thousands of dollars. The expenses may include expert fees, deposition costs, investigation costs, and court fees. Under the contingency fee agreement, the client does not pay any litigation expenses. Instead, the attorney does. The attorney is reimbursed only if there is a…
Who Chooses the Attorney?
Only certain family members can sue for compensation for the loss of a loved one in an aircraft accident. Those family members may all agree to have the same attorney represent them. Though that is usually best, it is not always possible. When the family members don’t agree, or their interests diverge, each family member…
Attorney Solicitation
Aviation accidents are newsworthy events, and the victims’ names and hometowns often end up in the papers. When that happens, disreputable lawyers descend upon the family members, hoping to sign the families to retainer agreements when they are most vulnerable.
State ethics laws generally prohibit lawyers from making uninvited in-person or telephone contact with a victim’s …
Mid-Air Collision Over The Hudson: Airplanes and Helicopters Don’t Mix Well
Compared to pilots in other countries, pilots in the US have extraordinary freedom. Of course, to keep commercial airliners safe from collisions, pilots of small aircraft are excluded from certain
airspace near major airports unless they have first obtained a clearance from air traffic controllers. If a pilot obtains the necessary clearance, controllers will dictate the…
OSC: FAA Ignoring EMS Helicopter Dangers For Fear of Negative Publicity
The FAA is supposed to use its regulatory powers to promote aviation safety. Over the years, however, it seems to have become too bureaucratic and conflicted to take decisive action when it counts most. Examples:
- In April, the NTSB asked the FAA to immediately ground the fleet of Zodiac aircraft because the aircraft’s wings tend to
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