That’s the question I’m asked most often about the case filed by the family of the passenger lost in the Tesla plane crash.
The reason T
esla wasn’t sued is simple. Neither a passenger nor his family is allowed to sue an employer for a work-related injury or death. Instead, they are stuck with the meager workers’ compensation
The family of one of the Tesla employees lost in last year’s Cessna crash at East Palo Alto has filed suit against the estate of the Cessna’s pilot. The suit alleges that the pilot’s decision to takeoff in foggy conditions was negligent.
The air traffic controller told [the pilot]: "The runway is not visible so
We’ve filed suit against Los Gatos real estate broker Karen Trolan (pictured), her husband Steve Trolan, and their company, Trolan Enterprises, as a result of the September 2009 plane crash that left the Trolans’ passenger, 14 year-old Marilyn Mitchell, seriously injured.
The Trolans were headed from Truckee Tahoe airport to San Jose. They needed very
Most of the families of the 228 passengers who were aboard Flight 447 filed suit in the United States. The reason they chose to file suit in the United States was simple. The courts of other countries provide little compensation to those who have lost loved ones due to the negligence of another. And resolving cases in other
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."
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A Philadelphia jury has determined that a defective carburetor caused the 1999 crash of single-engine aircraft that killed four and injured one. The aircraft, a Piper Cherokee Six, was manufactured in 1968. The jury’s verdict included $25 million for compensatory damages and $64
million as punitive damages against the engine manufacturer Avco Lycoming, a division of Textron.
Since the Aircraft was Older than 18 Years, Why Didn’t the General Aviation Revitalization Act Protect Lycoming from Liability?
There are a number of exceptions to the General Aviation Revitalization Act (known as GARA). In particular, GARA doesn’t apply when the manufacturer, in obtaining FAA certification of its part, conceals from the FAA information about defects in the part’s design. The jury in this case determined that Lycoming did just that. Thus, GARA was no defense.
The NTSB Determined the Cause of the Crash was Pilot Error. Its Report Didn’t Say Anything About a Defective Carburetor. Why Wasn’t the Jury Bound by the NTSB’s Findings?
The NTSB’s accident reports almost always favor the manufacturers. That’s because the NTSB relies on the manufacturer for help in determining the cause of the crash it is investigating. The NTSB calls this method of investigation the “party system.”
Of course, asking the manufacturer for help in figuring out if th
ere was a defect in its engine is much like asking the fox for help in determining what happened to the chickens. There’s a built-in conflict of interest. The NTSB is aware of the conflict, but continues using the party system anyway.
Here, after consulting with Lycoming’s experts, the NTSB decided not even to examine the carburetor. Since the NTSB never tore down this critical component, it’s no surprise that the NTSB did not discover any problems with it.
Fortunately for the victims’ families, the NTSB’s conclusions are by regulation inadmissible in court.
Why Did the Jury Award Punitive Damages?
A jury cannot award punitive damages simply because the defendant was negligent, or justContinue Reading Defective Carburetor Results in Jury Verdict Against Avco Lycoming
Nothing scares helicopter pilots more than wires. Flying into a wire is often fatal. What worries the pilot is that wires are hard to spot. The trick is to look for the towers. Once you see the towers, you can spot the wires strung between them.
But not always.
In January, a California Fish and Game
Burdett v. Teledyne Continental Motors involved the forced landing of a Beech Bonanza after the Teledyne Continental IO-550 engine installed in the aircraft came apart in cruise flight. The passenger was severely injured.
The National Transportation Safety Board blamed the engine failure on the mechanic who last worked on the engine, and cleared the engine
The families of the victims of the Zodiac crash near Oakdale, California, have filed suit against the aircraft’s maker, Zenith Aircraft, alleging that the Zodiac’s design is defective. The Zodiac is the two-seat aircraft whose wings tend to break off in flight due to a design-induced aerodynamic phenomenon known as flutter. That appears
Cory Lidle’s wife and Tyler Stanger’s family are suing Cirrus Design, alleging that a problem with the plane’s flight controls caused Lidle and Stanger’s plane to crash into a Manhattan hi-rise.
Miles O’Brien, a former CNN correspondent, calls the lawsuit frivolous, because the NTSB concluded the cause was pilot error. According to O’Brien, "in our litigious society, the facts don’t matter for much."
O’Brien is missing the fact that the NTSB’s conclusion is marred by a built-in conflict of interest.Continue Reading Is Lidle Suit against Cirrus Frivolous?