Experienced Civil Injury Counsel for Victims of Airplane & Helicopter Crashes in Georgia
We generally think of planes as an extremely safe form of travel, with layers of security and quality control that keep us astoundingly safe. Unfortunately, these safety procedures do not guarantee our safety. There are times when someone in the process is negligent, leading to a catastrophe either on the ground or in the air.
What Are the Types of Aviation Accidents that Lead to Injury?
Airplane and helicopter crashes are relatively rare occurrences, but when they do occur, from a legal sense, there are two different types: civil aviation claims and military aviation claims.
Civil vs. Military Aviation Claims
Civil aviation claims generally involve commercial airliners, commuter airlines, corporate jets, personal aircraft, and helicopters. Military aviation claims involve aircraft of the armed forces.
Issues that Lead to Plane Crashes
When these incidents happen, it is often due to a number of factors. Factors that have been known to contribute to aviation accidents include:
- Defective equipment.
- Defective design.
- Mechanical problems with the airplane.
- Issues with the airplane’s fuel supply lines.
- Errors made by the pilot.
- Errors made by the air traffic controllers.
- Errors made by the maintenance and repair personnel who work on the plane.
Further Reading: Understanding Proximate Cause in Negligence & Premises Liability
Proving Negligence & Causation in Georgia Aviation Crash Injury Cases
When it comes to determining liability for airplane crashes in Georgia, one potential legal theory to explore is that of Strict Liability. In its simplest terms, Georgia’s Strict Liability Laws can hold parties who perform abnormally dangerous activities (in this case, flying or maintaining an aircraft) responsible for any injuries or damage that occurs, even if they take reasonable care to prevent it.
In Georgia, abnormally dangerous activities that are subject to Strict Liability are defined as activities that are not commonly engaged in and carry a foreseeable risk of harm, even when they act reasonably.
Applying Strict Liability to Aviation Accidents
Arguing Strict Liability Laws in Georgia gets complicated in Plane Crash Cases, especially when considering just how many people are involved in getting a plane off the ground. While the pilot is an obvious party responsible for the safety of the passengers, your attorney may also look at:
- Who owned the plane, if it was rented.
- Previous mechanics, if there is an engine issue.
- Workers responsible for fueling, if the fuel was the wrong “weight” for the day.
The use of strict liability also does not stop your attorney from pursuing a theory of negligence.
Applying Legal Negligence Theory to Plane Crashes
The other legal argument that can be made in Georgia plane crashes that result in injury claims is Negligence. In negligence tort claims, your attorney will have to demonstrate that someone with a duty and responsibility to you failed to do their part, resulting in your injuries.
Compensation and Damages Recoverable in Georgia Plane Crash Cases
A variety of serious injuries occur in aircraft crashes. You may need extensive medical care, or even long-term care after an accident. Fortunately, you may be able to recover some of those losses, including:
- Medical expenses, including emergency care and ongoing treatments
- Lost wages
- Reduced or loss of earning capacity
- Long term disability
- Property damage
- Pain and suffering, including emotional injuries
- Diminished quality of life
Further Reading: A Guide to Suing for Wrongful Death in Georgia
