The causes of aviation accidents are fairly diverse including pilot error, poor weather conditions, engine failure, maintenance issues, and collisions. Aviation accidents may involve multiple causes, and there are frequently multiple potential responsible parties including but not limited to the pilot, airline maintenance staff, and the manufacturers of the aircraft or component parts, the airline or aircraft owner and even the government. The Tennessee Aviation accident attorneys at The Nahon Firm, PLC Law will carefully investigate the circumstances of any aircraft accident and analyze all potential responsible parties.
While the responsible party and cause of every aviation accidents may be diverse based on the unique circumstances of the accident the most common legal theories are based on negligence or product liability or in some cases a combination of both. The prevalence of federal regulations means that the failure to comply with these rules and regulations may often form the basis of liability. Negligence is a legal theory based on failure to act as a reasonable person under similar circumstances to protect others from a foreseeable risk of harm. Aircraft pilots, maintenance personnel and commercial airlines are often liable under a negligence theory of liability.
The aircraft manufacturer or a manufacturer or supplier of a component part or system on the aircraft may be liable under a product liability theory where a product defect contributes to an aviation accident. Where product liability law is applied, the manufacturer or supplier may be liable for a defective product that contributes to the aircraft accident based on a strict liability theory. This means that negligence need not be proven rather the manufacturer or supplier is liable if the defective product contributed to the aviation accident. A commercial airline is also often held to a higher standard of liability as a “common carrier” which holds itself out as willing to carry any members of the public who purchase an airline ticket.
Call The Nahon Firm, PLC, if you or a loved one has been tragically injured or if you have lost a loved one due to an aviation accident in Tennessee to discuss your legal rights.
