Who May Be Responsible for Your Injuries — Questions the Facts Decide
The question of who may be responsible usually involves several parties at once. Naming each one is an early task in any civil case.
An air carrier is a company that carries passengers or cargo for hire, such as an airline. A charter (Part 135) operator flies on-demand or commuter flights under a separate set of federal rules. Both owe passengers a duty of care, and their operational decisions, crew training and maintenance oversight are examined. Cases involving regional airline crashes can add another layer, because the company flying the plane may differ from the name on the ticket. Your ticket and booking messages can help show which company that was.
The aircraft manufacturer may be examined if a design or manufacturing defect in the airframe or a system played a part. Component manufacturers make brakes, thrust reversers, tires and avionics, often separately, and each is examined if its part's failure is a factor.
If the aircraft you were on was serviced by an outside shop, maintenance providers, including maintenance, repair and overhaul facilities, may bear responsibility if improper work contributed to what happened.
The airport operator is responsible for the runway surface, arresting systems and accurate runway condition reports.
Air traffic control is a federal function of the Federal Aviation Administration (FAA). Claims against the United States for air traffic control negligence proceed under the Federal Tort Claims Act (FTCA), the federal law that allows certain claims against the government.
For a negligence claim, the law asks for a duty, a breach of it, causation and damages. For a product claim, it asks for a defect and causation. Limitation periods, comparative or contributory fault rules and damages rules differ from state to state, and no single state's rule applies everywhere. The same questions arise in smaller aircraft, including glider crashes. Which parties to look at, and which state's rules may apply, are questions an attorney can help sort out from the facts of a particular flight.