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The Law
Aviation accidents are governed by a combination of federal, state, and sometimes international laws.
In the United States, the Federal Aviation Administration (FAA) sets safety standards for aircraft operation, pilot certification, aircraft maintenance, and air traffic control under the Federal Aviation Regulations (FARs).
When accidents occur, claims may arise under negligence law, product liability law, or wrongful death statutes. Airlines and aircraft operators, classified as common carriers, owe the highest duty of care to passengers under both federal standards and California Civil Code §2100.
Who Is Protected?
Passengers aboard commercial aircraft, private planes, charter flights, and helicopters are protected under aviation safety laws.
In some cases, individuals on the ground injured by aircraft accidents may also have legal claims.
Both ticketed passengers and guests on private or corporate aircraft are owed a duty of care by the airline or aircraft operator.
Why Are They Protected?
The law recognizes that air travel involves significant risks, and passengers must rely entirely on the expertise, maintenance, and safety compliance of pilots, mechanics, airlines, and manufacturers.
Because of this reliance, the duty owed by airlines and operators is extremely high. They are responsible for ensuring aircraft are properly maintained, pilots are properly trained, and flights are operated according to strict safety protocols.
Why Does It Happen?
Despite strict regulations, aviation accidents still happen due to:
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Pilot error
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Mechanical failure or improper maintenance
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Air traffic control mistakes
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Defective aircraft design or manufacturing defects
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Poor weather navigation decisions
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Inadequate fuel management or planning
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Runway incursions or ground crew errors
Whether the crash involves a commercial jet, a small private plane, or a helicopter, the consequences are often catastrophic.
Who Is Legally Responsible?
Liability for an aviation accident can involve multiple parties, including:
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Airlines or commercial operators
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Private aircraft owners
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Aircraft or component manufacturers (product liability)
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Maintenance contractors
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Air traffic control agencies or personnel (subject to federal tort claims procedures)
Each aviation case demands a thorough investigation into all potential causes and responsible parties to fully understand who contributed to the crash.
Recoverable Damages
Victims and surviving families of aviation accidents may be entitled to recover:
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Medical expenses (immediate and long-term)
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Lost wages and future earning capacity
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Pain and suffering
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Loss of consortium for family members
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Life care expenses for permanent disability
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Wrongful death damages (including funeral and burial costs)
Because aviation accidents often result in severe injuries or fatalities, full investigation and valuation of damages are critical to achieving a just recovery.
Wrongful Death Damages
In wrongful death cases, plaintiffs can claim the following damages, both past and future:
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