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The commercial crash rate hit 0.0 per 100,000 flight hours in 2020. However, the small plane crash rate was much higher. The National Safety Council registered over 13,000 small plane crashes in 2020. A significant number of these crashes involved serious or fatal injuries. Overall, small plane aviation is much safer today than it was in the late 20th century. However, that’s little comfort to small plane crash victims and their families.
From a legal standpoint, these crashes are quite complex. Usually, the passengers on these planes were residents of different counties, or even different states. Additionally, an offshore or out-of-state holding company usually designed, built, and maintained the plane. So, just getting through the courthouse door is challenging. Then, an attorney must prove that another person or entity was responsible for the crash. Because of all these complexities, only the most savvy Los Angeles personal injury attorney should handle such claims.
Small planes have millions of parts. Unless all these parts work perfectly, and work perfectly together, the lane will probably crash. Some common manufacturer errors include:
Generally, manufacturers are strictly liable for the personal injuries their defective products cause. Fault or negligence is only relevant to the amount of damages.
Although small plane pilots must log hundreds of hours before they’re even licensed, pilot error causes over 80 percent of small plane crashes. Specific mistakes include:
Compensation is available in these cases if a Los Angeles personal injury attorney proves negligence, or a lack of care. Pilots are common carriers in California. As a result, they have a higher duty of care than most other vehicle operators. The higher duty of care makes it easier to prove a lack of care.
Pilot duty of care begins before the plane leaves the ground. Pilots must visually inspect their planes and look for obvious problems. Mechanics have a duty to look even further and basically assume that something is wrong with the plane. The industry standard for mechanics in certain locations usually establishes the duty of care.
Usually, if a mechanic was negligent, the airport or other facility that employed the mechanic is financially responsible for damages, under the respondeat superior rule. This legal doctrine holds employers financially responsible if their employees were negligent during the course and scope of their employment.
Frequently, mechanics are independent contractors for most purposes. However, mechanics are almost always employees for negligence purposes, since their employers control their behavior, at least to some extent. Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced Los Angeles personal injury lawyer, contact the Law Offices of Eslamboly Hakim & Sharona Hakim, Attorneys. We do not charge upfront legal fees in these matters.
Credit: Photo by “Leslie Cross” on Unsplash
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