Who May Bear Responsibility — and Why That Question Depends on the Facts
Responsibility in a gear failure tracks the cause, and more than one party can share it.
An operator or air carrier, a company that carries passengers or cargo for hire, has a duty to keep the aircraft airworthy and to fly it safely. Inadequate maintenance, ignoring airworthiness directives or poor crew training may support a negligence claim, which asks whether a duty was owed, whether it was breached, and whether that breach caused the harm.
A maintenance organization, such as an FAA-certificated repair station or an individual mechanic who worked on the gear, also owes a duty of care. Improper reassembly or failure to follow the maintenance manual may support a claim against the maintainer separate from any claim against the operator.
A manufacturer of the aircraft or of a specific gear part may face a product liability claim. Product liability can hold a maker or seller responsible for harm caused by a defective product, focusing on the product's condition rather than on proof of carelessness. Whether a defect existed and caused the failure is a question the evidence answers, and the rules differ by state.
The type of operation matters too. A charter (Part 135) operator is an air carrier certificated under Title 14 of the Code of Federal Regulations, Part 135, to fly on-demand or commuter service. Its duties differ from those of scheduled airlines operating under Part 121 and from private flying under Part 91.
Where you live and where the flight went down can change the rules that apply to your claim. Federal aviation regulations set minimum safety standards, but state tort law governs most injury and wrongful death claims, and limitation periods, fault rules and damages rules differ from state to state. In some accidents a federal statute applies instead; one example is the Death on the High Seas Act, the name 46 U.S.C. § 30301 gives to a federal chapter on deaths at sea, which can matter after an overwater crash. Whether it reaches a given accident depends on where that accident happened. How these layers fit together is covered on the site's aviation accident lawyer page.
The NTSB's work and a civil claim run on separate tracks. The NTSB aims to prevent future accidents, not to decide who pays. A civil claim is how an injured person or family may seek damages, and it typically depends on experts such as an accident reconstructionist, a mechanical or metallurgical engineer, a human factors specialist and medical witnesses. If you are trying to work out which of these parties and theories could fit what happened on your flight, a conversation with our attorney can help sort through the facts, the records and the deadlines that may apply in your state.