Airplane Crash and Personal Injury Laws

•  (DISCLAIMER- This information is not intended for readers to rely upon as legal advice or opinion. Laws can differ dramatically by state.  You should consult an attorney licensed to practice in your state.)

Product Liability- A product (airplane or a component part) might have a defective design or a manufacturing defect (the product can work, but this particular product was made wrong). In either case, the manufacturer or seller might be responsible for your injury.

Strict Liability- Many manufacturers and merchants face strict liability if their product creates an injury or illness.  Simply stated, if they made it or sold it, and the product is the actual cause of the harm, they are responsible for your harm.  This is a form of liability without fault.  

Negligence-You must prove the manufacturer, merchant, or transportation carrier had a duty to make the product or service safe for you.  Then you must prove they breached this duty by somehow failing to fulfill their legal obligation of safety.  If their breach was the actual cause of your harm (but for their breach, you would not have been injured and the potential for injury was a reasonably foreseeable event), you may be able to recover any damages you suffered.  Damages can be broadly defined ranging from damage to the product or surrounding property; the pain and suffering of victims, bystanders, or family; medical expenses; lost earnings; interruption of marital relations between husband and wife; and other situations whereby the victim lost something of value.

Warranty- The product may have express or implied guarantees that it will operate properly without causing harm.  This is a very complex area of the law that can be researched and explained by your local attorney.

Failure to warn- Products can be dangerous if the manufacturer did not provide adequate warnings to make you aware of the dangerous propensities.

Inadequate warnings-The manufacturer’s warning must adequately explain the real hazards involved.

Americans With Disabilities Act- If your injury creates a temporary or permanent situation that impedes one of your essential life activities (requires long-term care, affects your ability to work, etc.) you may be protected against discrimination based on your injury.

http://www.dol.gov
United States Department of Labor
http://www.usdoj.gov/crt/ada/adahom1.htm
United States Department of Justice, ADA home page
http://www.mdarchives.state.md.us/msa/mdmanual/12dod/html/dod.html
Maryland Department of Disabilities

Family Medical Leave Act- If you need to be away from your job for a prolonged period, you may be able to protect that job while receiving medical care or during the recuperation period.  Generally, if your workplace or company has a certain number of employees, you may be entitled to job protection or unpaid leave and be assured the right to return to a similar position.

http://www.dol.gov/
United States Department of Labor

http://www.dol.gov/esa/whd/fmla/
United States Department of Labor- Family and Medical Leave Act
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Workers compensation- If your injury occurred on the job, you may be entitled to some payment of medical expenses or lost wages depending upon your degree of disability. However, this may limit the legal recovery you might obtain from your employer.

Freedom of Information- Most states and the federal government have laws that provide access for certain persons to some information involving the actions and investigations of public agencies.

These laws are designed to protect victim rights:
Ask your attorney for more information about your legal rights.
The Federal Aviation Act and Regulations - set minimum safety standards for pilot behavior, flight operations and aircraft manufacturing processes.
The Federal Tort Claims Act - controls cases brought against the federal government for the negligent acts of airline industry workers like air traffic controllers.
The Foreign Sovereign Immunities Act – controls legal actions involving foreign governments as a defendant.
International treaties and associated agreements - govern the liability of airlines engaged in international flight operations.
State and federal laws/tort reforms- establish legal standards and damage award limitations.
Military contractor defense- may limit or shield a manufacturer from liability.