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Aviation Accidents Liability
Criminal Liability in Aviation Accidents
In addition to a civil claim against individuals or entities for causing an aviation accident, the government may also pursue criminal sanctions. Both the federal government and individual states can impose criminal sanctions in cases involving aviation. Although the classifications and details may vary between them, most states impose criminal sanctions on aviators for reckless conduct that leads to injury, death, or property damage.
Criminal liability is different from civil liability in that, in civil cases, individuals or the government may initiate a claim and punishments are usually limited to fines and damage awards. In a criminal matter, the government brings the case and generally does so in order to seek monetary damages or incarceration of the person or entity accused of the crime. In federal aviation law, the government has the right to bring criminal charges against a party involved in an aviation accident. If a conviction occurs, the result may be punitive damages or time in prison. If a party is found liable in a civil action for punitive damages as well as compensatory damages, it is more likely the state will pursue.
Breaking Aviation Law
Aircraft, owners/operators and commercial airlines are regulated by aviation law. Most aviation law is federal, although states are able to enact some of their own laws related to air travel. The Federal Aviation Administration (FAA) and the National Transportation Board (NTSB) are the two most relevant players in federal aviation law.
Aviation laws are intended to maintain safety. Breaking an aviation law may lead to criminal sanctions. There are several things related to aviation that could constitute a criminal offense. For example, if a commercial airline intentionally and consistently fails to comply with regulations, the government could pursue criminal charges. Other examples include a pilot who uses drugs or alcohol prior to flying.
How States Classify Aviation Crimes
Despite the differences between states' criminal legal codes, there are three common levels at which air travel industry workers may face criminal charges:
- "Criminal negligence" or "involuntary manslaughter" alleges the creation of a risk to others' lives and that the risk had foreseeable consequences. The person may recognize the danger his or her behavior creates but fails to alter it.
- "Manslaughter" alleges the defendant know that the risk of his or her actions may result in death for others, and yet the defendant continued the behavior anyway.
- "Third degree murder" holds the defendant responsible for causing the death of another while the defendant was committing another felony.
Exposure to Punitive Damages
Punitive damages are imposed if the jury finds the defendant committed a serious and willful offense. If the defendant knowingly put the aircraft in danger by his or her behavior, they may face criminal prosecution. For example, if a manufacturer knowingly used substandard parts, or a pilot flew the aircraft after drinking several alcoholic beverages, or knowingly transported illegal substances.
Failure-to-Warn Defect
If manufacturers fail to provide adequate warnings or instructions for use, they can be held strictly liable for failure to warn. There are two types of warnings:
General instructions that accompany the product. A good way to look at this is that the instructions are a part of the product. If the instructions are ambiguous or insufficient, the product cannot be used safely (i.e., operating limits, weight and CG limits, etc.).
Specific warnings of a danger that the manufacturer knew or should have known about at the time of sale or discovered after sale. (Emergency procedures, placards in a cockpit, warning labels on equipment, etc.)
Adequate Warnings as a Defense
The law requires manufacturers to give warnings to foreseeable users about newly discovered product defects. Whether the manufacturer will be held strictly liable in such circumstances will depend on whether the warning was calculated to reach the foreseeable user in such a fashion as to enable that user to minimize the danger.
General Aviation Revitalization Act (GARA)
Congress passed the General Aviation Revitalization Act (GARA) in 1994. It protects manufacturers of non-commercial aircraft (light aircraft and business aircraft with maximum seating of less than 20 passengers) from product liability lawsuits for defects on aircraft older than 18 years. This means that once an aircraft and its original components reach 18 years of age, the manufacturer cannot be held responsible for an accident caused by a defective product. As a result, lawsuits are often brought against the pilot, the owner of the aircraft, mechanics, replacement component part manufacturers, and aircraft distributors.
Conclusion
Aviation claims against manufacturers of aircraft or component parts requires a detailed understanding about aviation and the rules and regulations of the FAA and specific laws related to aviation. If you have suffered injury or the death of a loved one due to an aviation accident, and you suspect a defective product is to blame, contact an attorney with experience in aircraft litigation.
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Aviation Accidents Liability » Attorneys and Lawyers Serving Lake Co., Marion Co. and St. Joseph Co. Indiana
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