Who May Be Responsible After a Mooney M20 Accident: The Legal Questions
Several kinds of claims can come up after a general aviation crash, and each turns on the facts.
Negligence is the failure to use reasonable care. For someone hurt in a crash, or a family after one, a negligence claim generally depends on showing four things: that someone owed a duty of care, that they breached it, that the breach caused the harm, and that there were damages. A crash, standing alone, does not prove that anyone was negligent; whether each element is met depends on what the evidence shows.
Product liability is a claim that a defect in the aircraft or one of its parts caused the harm. Here too, an accident is not proof of a defect. The questions are whether a defect existed and whether it caused the injury or death, and the standards for these claims are set by state law and differ from state to state.
Wrongful death, defined above, is the claim that follows a fatal crash. In the Hood River record, for example, the NTSB reports two people fatally injured, a pilot and a flight instructor, which can raise questions about each person's role on the flight. Those are questions for the facts and the applicable law, not for this page.
The parties whose conduct or products may be examined in a general aviation case can include the pilot, the aircraft owner or operator, a maintenance provider, and the manufacturer of the aircraft or a component. Naming these categories is not a statement that any of them did anything wrong in any particular crash.
Fault rules differ too. Under comparative fault, responsibility can be divided among several people, including the injured person, and any recovery adjusted to match. Under contributory fault, used in a smaller group of states, a person's own share of fault can bar a claim. Damages categories the law may allow include medical expenses, lost income, pain and suffering, and wrongful-death damages; what is available depends on state law and the facts.
What is at stake is practical: which claims exist, against whom, and under which state's fault rule can change whether a claim is possible at all. Questions a person may bring to an attorney include which state's law may apply, which parties had a role in the flight or the aircraft, and how fault might be divided. The hub page on being an aviation accident lawyer's client explains how federal aviation law and state law work as separate layers.