Airplane Accident Law

Airplane accidents, while thankfully rare, can have devastating consequences, leading to severe injuries and loss of life. These tragedies affect passengers, crew members, and their families, often requiring them to navigate complex legal challenges. Understanding your legal rights and options is crucial if a loved one or you have been involved in an aviation accident.

Investigations by Federal Agencies

Following a major airplane crash in the United States, the National Transportation Safety Board (NTSB) takes the lead in the investigation. They meticulously examine various factors, including mechanical failures, pilot actions, and weather conditions. The Federal Aviation Administration (FAA) also contributes their expertise, focusing on regulatory compliance and aircraft operations. If there's suspicion of criminal activity, the Federal Bureau of Investigation (FBI) joins the investigation.

The Aviation Disaster Family Assistance Act

A federal law called the Aviation Disaster Family Assistance Act mandates certain support services for survivors and families after a major airline crash. The NTSB designates a non-profit organization to coordinate these services. Airlines are required to establish a private notification process for families before publicly releasing passenger lists. A toll-free telephone line must be available for family inquiries. The Act also provides for travel and lodging near the accident site when needed, mental health support, and assistance with victim identification. This law focuses on immediate assistance and is separate from legal claims for damages.

Legal Claims Following an Airplane Accident

People who have been injured or who have lost loved ones in an airplane accident can seek compensation for their losses. The legal framework that applies depends on whether the flight was domestic or international, and, for domestic flights, whether federal government employees or private entities were involved.

Domestic Flights

Accidents involving U.S. airlines operating within the United States typically fall under domestic law. Common legal theories used in these cases are negligence and strict products liability. If a defendant is found liable, compensation can cover medical bills, lost wages, and intangible harms like emotional distress and loss of enjoyment of life. (Damages are different in wrongful death cases after a fatal crash.)

Negligence claims generally require demonstrating that a pilot, airline employee, or aircraft maintenance team failed to act with reasonable care under the circumstances. Pilot intoxication, improper maintenance, or errors by air traffic controllers can create liability under this theory. Courts assess whether the conduct fell below an acceptable standard of care and directly resulted in the crash.

Products liability claims address situations in which design or manufacturing defects cause airplane failures. Under strict liability, a manufacturer can be held responsible for a defective product regardless of its level of care. For example, if a critical engine part malfunctions and causes an accident, the company that produced it may be liable.

The Federal Tort Claims Act

If federal employees, such as air traffic controllers working for the FAA, contribute to an airplane accident, the Federal Tort Claims Act (FTCA) may allow injured people to sue the federal government. These cases often have shorter deadlines and more complex procedural rules than lawsuits against private companies. Strict adherence to filing requirements is essential, including providing formal notice to the relevant federal agency.

International Flights

Flights between countries that have signed certain international agreements are primarily governed by the Warsaw Convention and the Montreal Convention. These treaties were created to standardize liability rules and make international travel more predictable. They establish rules for passenger injury and death, including a first tier of damages for which airlines are responsible regardless of fault. Beyond that initial amount, a claimant typically must prove "willful misconduct" by the airline. This means demonstrating an intentional or reckless act or omission by the airline that caused the accident. For example, if the airline knew about a serious safety defect and failed to fix it, that could be considered willful misconduct.

The Montreal Convention also allows for advance payments to victims or their families and sometimes permits lawsuits to be filed in the passenger’s principal place of residence.

Last reviewed February 2025