Compensating the Families of the Mountain Lifeflight EMS Helicopter Crash at Doyle, California

Posted on January 14, 2010 by Mike Danko

Who can be held responsible for compensating the Mountain Lifeflight families, and who is immune from suit?   

Maintenance.  If faulty maintenance is proven to be the cause of this helicopter crash, the families can recover against the maintenance company, provided that the families can prove that the maintenance company was negligent.  There is an important exception, however.  The families cannot sue the company that performed the maintenance if that company was Mountain Lifeflight itself.  That's because the worker's compensation laws immunize a crew member's employer from suit brought by the crew member's family.  More on that here.

Pilot error.  There is no reason to believe that the crash was caused by pilot error.  To the contrary, as discussed here, it looks as though the crash was likely caused by a mechanical failure.  However, assuming for argument's sake that the crash was caused by pilot error, the workers' compensation laws prohibit the families from suing either the pilot's estate or the pilot's employer.

Design defect.  Other A-Star accidents similar to this one raise the question of whether the crash was caused by the helicopter's faulty design.  The families are entitled to sue the aircraft's manufacturer, Eurocopter, and get to the bottom of the design defect issue.  If the families prove that the crash was in fact caused by a defect in the design of the helicopter, then they can hold Eurocopter responsible.

But there is one hurdle the families must overcome before winning a design defect suit.  The accident helicopter, N5793P, was manufactured in 1982.  The General Aviation Revitalization Act, or GARA, immunizes manufacturers from liability from lawsuits arising from aircraft that are older than 18 years.  At first blush, it would seem that the families have no recourse against the manufacturer at all.  But there is an important exception to GARA.   If the accident occurred as a result of a new part that was installed on the aircraft less than 18 years before the accident, the manufacturer can't assert the defense, no matter how old the aircraft.  And it has been reported that N5793P had been completely rebuilt only a few years before the crash.  Therefore, even though the helicopter was manufactured more than 27 years ago, it's likely that most critical parts on the aircraft were less than 18 years old, and that GARA won't protect the manufacturer.

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Workers' Compensation as the Exclusive Remedy for an Injured Crew Member or Pilot

Posted on November 15, 2009 by Kristine Meredith

Generally, crew members may not sue their employers for injuries sustained on the job. Even where the crew member's injury was caused by the negligence  of the employer or one of the crew member's co-employees, the crew member's sole remedy against his employer is to pursue a workers' compensation case. This is known as the "exclusive remedy rule."  The trouble with the exclusive remedy rule is that worker's compensation benefits are limited and are seldom adequate to compensate a crew member or the crew member's family for the injuries suffered in an aviation accident.  

Fortunately, the exclusive remedy rule does not prevent a crew member from suing third parties who caused or contributed to the injury.  Therefore, a crew member injured in an aviation accident may sue the aircraft manufacturer if the accident was caused by a defect in the design or manufacture of the aircraft.  Similarly, where the accident was caused by the negligence of a mechanic who worked on the aircraft, the crew member may sue the mechanic provided, of course, that the mechanic was not one of the crew member's co-employees. 

There are few exceptions to the "exclusive remedy" rule.  For example, a crew member can sue the employer who caused his injuries where:

  • The employer didn't maintain workers compensation insurance;
  • The injury was the result of certain types of intentional wrongdoing on the employer's part; or
  • The crew member was injured by a product or part that the employer manufactured.

The "exclusive remedy" rule also prevents the crew member from suing any co-worker who caused the accident.  Again, there are a few exceptions for unusual situations. For example, a crew member may sue his co-worker where the co-worker’s actions were malicious and with an intent to cause injury, or when the co-worker was intoxicated. 

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