Plane Crash and Aviation Accidents

When a person has been seriously injured or killed in a small private plane crash or a commercial airline crash, family members will be looking for an experienced attorney to handle their aviation accident lawsuit. The law firm of Leesfield & Partners has the knowledge, expertise and resources necessary to handle complex aviation cases successfully. Aircraft accidents require a specialized investigative skill and extensive knowledge of aviation law. One of our trial attorneys, Mark A. Sylvester, is a licensed pilot who has successfully handled many aviation cases.

Below is a representative list of some of the verdicts and settlements we have obtained for our clients who have lost loved ones in plane crash accidents.

Our attorneys work with a team of accident investigators and aviation accident specialists investigating crash sites and recreating accidents to identify the causes of airplane crashes. We have obtained verdicts and settlements for pilots, passengers, and innocent bystanders in cases involving defective aircraft parts, negligent air traffic controllers, and other negligent parties. For a complete list of the firm's representative results, go to our Verdicts and Settlements section.

The following are among the types of lawsuits in airplane crash, airline disaster, runway incursion and other aviation mishap cases:

FAA and Air Traffic Controler Error: The Federal Aviation Administration is responsible for the certification of aircraft and its components, the licensing of pilots and other aircrew, and for the surveillance of aircraft while in flight. A breach of these duties may be actionable under the Federal Tort Claims Act. Experienced counsel must likewise examine the role of the FAA in any given case.

Several cases have involved negligence of air traffic control personnel which recognize that the government has consented to be sued for the negligence of its controllers taking their control of aircraft in the air, when landing, taking off or taxiing at airports. Many cases involving the negligence of Air-Traffic Controllers relate to the negligent guiding of pilots of small airplanes into bad weather including fog, storms in formation, or tornadic weather. Once the government undertakes to provide such service, it must exercise due care and will be responsible if it failed to utilize such care.

Mechanical Failure Claims: The plaintiff may have to establish that the pilot's negligence contributed to the accident or that a mechanic negligently failed to detect or properly repair a component of the plane. These cases may be brought against the common air carrier or the owner of the private plane. If a mechanical failure results from a defect in the design or construction of an airplane or a component of the airplane, the plaintiff may establish a products liability claim against the manufacturer of the component or the airplane. In a products liability claim based on defective construction or manufacturing, the plaintiff must establish that the manufacturer of the component that caused the accident failed to detect a defect in the particular component that was used in the airplane that had the accident.

Defective Product Claims: An aircraft manufacturer may be liable for negligently designing or assembling this product. The choice of materials, the quantity and quality of testing and analysis, the adequacy or inadequacy of maintenance instructions, and any representations or warnings as to the use or abuse of the product may each constitute a theory upon which release can be granted. These represent a unique hurdle for a plaintiff, in that the plaintiff must establish that the manufacturer could have used a reasonable, alternative design that would have prevented the injury. A plaintiff might incur great expense in pursuing a products liability case based on defective design. In order to establish a reasonable, alternative design the plaintiff will likely have to hire an engineer or other expert to critique the manufacturer's design and to suggest the alternative design. A products liability case faces a better chance for success if prior cases have already established that the design of the component is defective.

Pilot or Employee Error: If pilot or employee error contributed to or caused an airplane crash, runway accident or other aviation accident that causes a passenger injury, that passenger can maintain a suit not only against the pilot for his or her error, but also against the pilot's employer, the airline. In effect, employees acting in their capacity as employees "stand in" for the airline. Thus, an employee's error is the airline's error because under a legal doctrine known as "respondeat superior," the high degree of care required of a common carrier extends to its employees, including pilots, flight attendants, and mechanics.

The National Transportation Safety Board has estimated that approximately 83% of all general aviation accidents are attributable to pilot error. Thus, in some cases involving injuries to passengers, bystanders or property loss, the pilot, his estate and/or employer could be primarily at fault. Whether there was negligent preflight of the aircraft, negligent flight planning, inadequate flight experience for conditions, or other error must all be considered by counsel.

Private Aircraft Accidents

General aviation or private aircraft accidents represent the largest number of aviation accidents in the United States and ... the world. These airplanes are particularly vulnerable to weather, poor maintenance, inadequate inspections and repairs, defective design, and human error. Recently, our firm handled a private airplane crash in which a mother and her son were killed when their single‑engine airplane crashed in severe weather. Our firm represented the families in a wrongful death action against the Federal Aviation Administration for the failure of their Air Traffic Controllers to provide pertinent and observed severe weather information to the pilot. In addition, legal action was taken against the manufacturer of a component part that powered the flight instrumentation as well as the airplane manufacturer and a service facility. Our attorneys were able to secure a multi-million settlement with the defendants on behalf of the families. For a complete list of the firm's representative results, go to our Verdicts and Settlements section.

Commercial Aircraft Accidents

Commercial common carrier accidents occur in a variety of different situations. While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters. A general overview of aviation law can inform passengers of their rights in cases of accidents involving all types of aircraft.

The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions, and weather (including turbulence). Private or "general" aviation accidents find their causes in controlled flight into terrain, weather, pilot decision‑making, loss of control, and runway incursions.

What is a Runway Incursion?

The Federal Aviation Administration (FAA) defines a runway incursion as "any occurrence at an airport involving an aircraft, vehicle, person, or object on the ground that creates a collision hazard or results in loss of separation with an aircraft taking off, intending to take off, landing, or intending to land." Many assume that once a plane has safely landed all potential danger is gone. Unfortunately, statistics show otherwise. Since 1993 the number of runway incursions has increased over 70%. The National Transportation Safety Board (NTSB) considers this increase in runway incursions one of the ten most significant safety issues facing air travelers today.

A number of factors can cause runway incursions including pilot error (proceeding into unauthorized areas such as closed runways or taxiways), air traffic controller error (transmitting misinformation to pilots regarding ground maneuvers), and ground personnel errors (deviations by baggage carts, fuel trucks, maintenance vehicles, etc.). The consequences of runway incursions range from minor aircraft or vehicle damage to catastrophic loss of life.

Who investigates airplane crashes, runway incursions and other aviation disasters?

Depending on the circumstances surrounding the accident, the investigation is conducted by one or more of the following agencies: National Transportation Safety Board (NTSB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI). But, accident investigations may also involve foreign or local authorities or the Departments of Justice, State and/or Defense. Agencies such as the American Red Cross, Department of Health and Human Services and Federal Emergency Management Agency may also be involved in providing services to victims and their families. Depending on the circumstances of any given crash, other agencies may also be involved.

Unlike civilian or commercial airplane crashes that are investigated by the National Transportation Safety Board (NTSB), military airplane crashes and runway incursions are under the jurisdiction of the Military Safety Mishap Board. This organization prepares a secret report much of which is not released to the public. Another Report, also called a Collateral report may be prepared depending on the service branch involved. This report is usually made public, but doesn't contain the manufacturer's analysis or witness statements that are the basis of the secret Safety Mishap Investigation. This lack of information greatly complicates the task of bringing a lawsuit and finding answers.

Helicopter Accidents

Our attorneys have also recovered millions of dollars in award and compensatory damages for our clients who were victims of helicopter accidents due to piloting error, lack of maintenance, or defective design.

To contact one of our experienced trial lawyers call our Miami law office today at 800-836-6400 or click here for a free and full case evaluation.