What must an aviation attorney prove to win a negligence lawsuit against someone who he believes responsible for the accident that injured his client? Two things. First, the aviation attorney must prove that the entity was "negligent." Second, the attorney must prove that the defendant’s negligence was a "cause" of the accident or of the injury.
Negligence Defined. Someone
During the Vietnam war, hundreds of soldiers suffered serious burn injuries following otherwise survivable Huey helicopter crashes. In 1970, Bell Helicopter responded by developing a crashworthy 
fuel system and installing it in the new Hueys it produced. The crashworthy system included stronger fuel cells, breakaway fuel lines, and cutoff valves.
The Army kept track of the
Are the passengers’ families entitled to compensation for their loss? From whom? Does it matter what caused the crash? Can the families sue in the United States?
Air France is Responsible Regardless of the Cause of the Accident.
The Montreal Convention requires Air France to compensate the families as long as the crash was
What does the aviation accident lawyer need to prove in order to win a "design defect" lawsuit against the manufacturer of the aircraft that injured his client?
It varies from state to state. But it’s never enough simply to prove that the aircraft‘s design caused the accident or injury. The victim’s lawyer always has to
The General Rule
Mechanics are required by regulation to follow the instructions set forth in the manufacturer’s maintenance manuals when working on an aircraft. The mechanic is not allowed to deviate from the instructions covering the work he undertakes. If he does deviate, and someone is injured as a result, the mechanic is liable.
Service Bulletins
Sometimes, a manufacturer learns of a problem with the way its product is performing in the field.Continue Reading A Mechanic’s Liability for Failure to Comply with a Manufacturer’s Maintenance Instructions
Right after the crash of Flight 3407 at Buffalo, investigators focused on the aircraft’s deicing system. The question, as explained by former CNN reporter and pilot Miles O’Brien, was whether ice had accumulated on the plane’s wings faster than the de-icing system could remove it, leading to an aerodynamic “stall,” or loss of lift.
But as the investigation progressed, it began to look as though, just before the pilot lost control of the aircraft, the nose of the plane pitched up — not down as usually happens when ice overwhelms an aircraft. That raised an almost unthinkable possibility: gross pilot error. When an aircraft getsContinue Reading Continental (Colgan) Flight 3407: Law Firms Take Different Tacks
Some Flight 1549 passengers have reportedly "lawyered-up." What legal claims do they have?
Putting aside the question of whether pursuing the claims is the right thing to do — some say they should simply count their blessings — do the passengers have any claims to begin with?
Well, it depends on the law that applies. For
An airline’s liability for a passenger’s injury or death is most often determined by state law. But if the passenger’s trip includes a stop in a foreign country, then the airline’s liability is controlled entirely by international treaties. The treaties are known as the Warsaw Convention and the Montreal Convention.
The treaties also govern a