When the evidence needed to reconstruct an aviation accident is lost or destroyed in the crash, can the victim nonetheless hold whoever caused the accident accountable?
Yes, if the legal doctrine of "res ipsa loquitur" apples — Latin for "the thing speaks for itself."
Most courts recognize that air crashes do not normally occur unless someone, somewhere, was
An FBO is not supposed to rent an aircraft to a pilot who the FBO knows isn’t competent to complete the planned flight safely. If it does, and a passenger is hurt or killed by the pilot’s mistake, the victim or his family can hold the FBO responsible. That’s the law of "negligent 
entrustment."
A
The American Association for Justice’s Annual Convention begins today at the Vancouver Convention Centre. The program for aviation lawyers will be held on Monday, July 12. The schedule: 
8:30 – 11:45, Room 215-216:
Speakers will be
Mike Danko – Aviation Litigation Forecast
Ricardo Martinez-Cid – International Commercial Airplane Crashes
Ladd Sanger – Aviation Deposition and Trial Skills
When Cory Lidle’s widow sued Cirrus Design, it caused a bit of an uproar in the aviation community. Her suit alleges that it was a defect in the aircraft’s flight controls that caused the Cirrus SR-20 to slam into a Manhattan hi-rise. That claim led many to call the suit frivolous. After all, the NTSB determined the accident was caused by pilot error, plain and simple. Right?
Cirrus asked the federal judge who is hearing the case to toss it out as being based on "junk science." Cirrus argued that under legal precedent known as Daubert v. Merrell Dow Pharmaceuticals, the judge must act as a "gatekeeper." That means she must review the expertContinue Reading Lidle v. Cirrus: Claim Not “Junk Science”
Many airports in the western United States are located at altitude. In the thin air, a departing aircraft’s propeller and wings are less aerodynamically efficient. And without a turbocharger, the aircraft’s engine won’t be able to produce full power. All of that hurts the aircraft’s ability to climb. Unless the aircraft is handled properly, after lifting off the runway it may travel for a distanceContinue Reading Summer Means High Density Altitude Airplane Accidents
A passenger injured in an aircraft accident can’t sue the aircraft manufacturer if the part that caused the crash is older than 18 years. Any such suit would be barred by the General Aviation Revitalization Act, or GARA.
What if the accident was caused by a mistake in one of the aircraft’s manuals rather than a
I wrote here that mediations are often preferable to settlement conferences. The mediator is chosen by the parties, while the trial judge who presides over the settlement conference generally is not. Further, the mediator often has more time than the trial judge to devote to the settlement process.
This month’s Forum Magazine published an article by Kristine
At least 10 people aboard United Flight 935 were hurt when the aircraft encountered severe turbulence. Is the airline responsible for compensating its injured passengers?
Because Flight 935 was an international flight, a treaty known as the Montreal Convention governs the passengers’ claims. The Montreal Convention makes the airline liable for any injuries suffered on board the aircraft due
Ten years ago, an Air France Concorde SST departing from Charles de Gaulle Airport ran over a strip of metal on the runway. One of the Concorde’s tires exploded. A chunk of the debris from the tire punctured the Concorde’s fuel tank. Fuel leaked from the tank, and into an engine. The ensuing fire and engine failure brought down the aircraft. 113 people were killed.
The Crash Was Avoidable
The metal strip fell onto the runway from a Continental Airlines DC-10. Had Continental’s mechanics attached it properly, it wouldn’t have fallen off. Continental’s maintenance practices were sloppy.
It is not unusual for airplane tires to rupture during takeoff for one reason or another. On most airliners, tire blow-outs pose no serious safety threat. That’s not the case with the Concorde. Unlike other aircraft, the Concorde’s fuel tanks are positioned directly over the tires. The tanks are therefore at risk of being ruptured if a tire explodes. Furthermore, the aircraft’s engines are positioned so th
at any fuel from a rupture could easily start a fire. That makes the Concorde design suspect.
This wasn’t the first time a blown tire ruptured a Concorde’s fuel tank. In fact, there was a string of previous incidents. So the potential for disaster was obvious. Nonetheless, Air France, as well as the Concorde’s manufacturer, chose to simply ignore the problem and hope for the best.
It was a bad decision.
The Criminal Trial
A criminal trial began in France in February. Yesterday, French prosecutors asked that Henri Perrier, the engineer who most refer to as the “father” of the Concorde, be sentenced to jail, but that the sentence be suspended. (Perrier is third from left in this 1969 photo.) Prosecutors asked for the same for the two Continental Airlines mechanics whose sloppy maintenance allowed the metal strip to end up on the runway.
Some suggest the trial is a colossal waste of time and effort. What, after all, is the point? How will the trial enhance aviation safety? Certainly, it won’t help the families at all, will it?
No, it will not. In fact, such criminal prosecutions actually impede safety. If the mechanics and engineers who are involved in an aircraft accident investigation need to be concernedContinue Reading Concorde Trial: Criminal Prosecution of Chief Engineer Not in Best Interests of Safety
Counting today’s Air India crash, the last 11 airline accidents resulting in passenger fatalities have all involved foreign airlines (fatalities in parenthesis):
2010: