Who May Be Responsible — and What a Claim Has to Show
If you are asking who could be answerable for a jump-plane crash, the answer usually depends on who played which role in the flight, and more than one business or person may share in it.
The jump-plane operator is the business that ran the flight. Its duty of care depends on how it operated and on state law. In many states, a business that holds itself out to the public to carry passengers for hire may be treated as a common carrier, which is a legal status that often comes with a heightened duty of care toward passengers. Whether a particular skydiving operator fits that status depends on the state's law and on facts such as its certificate, whether it offered flights to the public and whether jumpers paid. A Part 135 certificate is one fact courts may weigh; it is not, on its own, the answer everywhere.
The aircraft owner may be a separate party if the owner leased the aircraft or supplied it to the operator. The maintenance provider, whether a repair shop or an individual mechanic, has a duty to perform maintenance and inspections properly so the aircraft is airworthy. The aircraft or component manufacturer may face a product liability claim, which is a claim that a defect in a product's design, in its manufacture or in its warnings caused the injury.
What a claim has to prove depends on which of these theories applies. For a claim of carelessness, called negligence, that generally means showing a duty, a breach of that duty, causation and damages. For a claim against a product's maker, it generally means showing a defect and that the defect caused the injury. Whether any element is met depends on the facts of the specific accident.
Skydiving adds one more issue: the waiver many jumpers sign before a jump. Whether a waiver affects a claim, and against whom, depends on the state's law and on the document's specific language, and states treat these documents very differently. A waiver signed with the skydiving business may also say nothing about other parties, such as a manufacturer or a maintenance company. For an injured person or a grieving family, the waiver is often the first document they wonder about, and how it fits alongside each role above is one of the things a conversation with an attorney can cover.