AVIATION RELATED INJURY
In The News
Small plane crash kills four in Ohio
Aviation > Airplane Accident
June 17, 2008
Lakeside, OH - Authorities said that a small airplane crashed in a rural residential area as it headed to a landing on Saturday, January 12, killing four who were aboard the aircraft.
Aviation Overviews
Elements of an Aviation Injury Case
A key consideration in proving any aviation injury case is what standard of care was owed by the defendant to the injured party. Whether an airplane operator is classified as a common carrier may be an important factor in aviation cases. For example, a common carrier may be held to a different standard of care than other carriers. However, it is not always clear whether a court will consider an airplane operator a common carrier.
Damages you can Recover in an Aviation Injury Case
Although the overwhelming majority of American jurisdictions permit recovery for personal injuries or wrongful death based on the theory of strict products liability, the law is not nearly so clear when it comes to economic loss sustained by the owner of a defective product.
Particular Situations Illustrating Aviation Injury Cases
As previously discussed, aviation injury cases arise from situations or occurrences somewhat outside the realm of experience of the ordinary person. A distinction should immediately be drawn between collisions in the air and the more familiar vehicular collisions on the ground. Aircraft fly in a three-dimensional area, as compared to the two-dimensional activity of automobiles on the ground. The chances of aircraft colliding in midair are thus much smaller than the probability of automobile collisions. The consequences of aircraft collisions, however, are, of course, infinitely greater. Collision cases form only a small percentage of aviation litigation, whereas they constitute a huge percentage of automobile litigation. The following are examples of some of the situations unique to aviation injury cases.
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