In May, a Piper Navajo PA-31 crashed shortly after takeoff from Myrtle Beach. The pilot was ATP-rated and worked for American Airlines. He knew he was in trouble almost immediately after takeoff. He tried to return to the airport. He reached an altitude of about 1000 feet, then dropped 475 feet, then climbed 700
A courageous client speaks to Stephen Stock about the risks to the flying public.
Dr. Ken Gottlieb’s Cessna 182 took off from Napa Airport with only Dr. Gottlieb aboard. As the Cessna climbed from the runway, it turned in the wrong direction. It collided with high terrain just north of the airport. Dr. Gottlieb was killed on impact. His body was ejected and the aircraft exploded and burned.
An aircraft owner loans his plane to a friend. The plane crashes and a passenger is injured. It turns out the crash was caused by the negligence of the aircraft’s mechanic. Can the crash victim hold the aircraft owner liable for the mechanic’s faulty work?
This question comes up a lot. In fact, it comes up…
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…
Maintenance manuals tell the mechanic when to perform an inspection or service, and how to perform it. Many mechanics believe that the regulations require them to follow the book exactly. But in an excellent column on this murky subject, mechanic and aviation author Mike Busch sums up the regulatory requirements nicely:
The manufacturer’s “how-to” instructions
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…
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.
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