The pilot of the Otter that crashed in Alaska on Monday, killing Senator Stevens and three other passengers, encountered some very bad weather.  Low ceilings.  Fog and rain.  Gusty winds.

Rugged terrain only complicated things.  Fortunately, the pilot had tons of experience  — tens of thousands of hours.  According to the Alaska Dispatch, had any less talented pilot

Cirrus N146CK crashed on August 4 at Deer Valley, Airzona.  The pilot was killed.  Just before the accident, the aircraft’s door popped open.  We know that because the pilot reported to air traffic control that his door was open and that he needed to return to the airport to close it.  Plus, surveillance cameras confirmed that the pilot’s door was indeed ajar. 

The plane’s door popped open? What’s with that? 

The Cirrus doors are poorly designed.  It’s that simple. They just don’t stay shut in flight.  

The plane flies okay after a door pops open.  But the distraction can be dangerous, and can lead to a loss of control, as demonstrated by this 2009 Cirrus crash.  Following the 2009 accident, JohnContinue Reading Cirrus Crash at Deer Valley, Arizona: Door Opened (Yet Again. . .)

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

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: Vancouver

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

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?

Continental 767 CabinBecause 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