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Air Disasters
The statute of repose in an aviation accident case is a federal act called GARA, the General Aviation Revitalization Act, which may or may not limit your ability to bring a lawsuit for a defective product 12 years or more after it’s installed in an aircraft. Overhaul, maintenance intervals, and other issues may defeat this...
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Proof in airplane crash cases is very dependent upon the appropriate investigation or review of the National Transportation Safety Board investigation and report and also complete review of all of the equipment, the maintenance, the routing and the instructions given to the pilot before the airplane crash. Quite often, forensically, we are able to interrogate...
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Oftentimes the law overlaps when considering commercial airplanes versus private airplanes. Commercial airplanes are held to a stricter standard than private airplanes both in maintenance, flight hours, rest periods, and the actual documentation of the airplanes maintenance and history. Private airplanes are also regulated, but not as strictly. A lawyer experienced in aviation disasters should...
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You cannot rely solely on a National Transportation’s Safety Board accident report to prove fault in an airplane accident. You can use the report as a guideline and a map to steer you in appropriate directions, but only an experienced lawyer, after taking depositions, requesting documents, and performing adequate and thorough investigation can help you...
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An airplane need not crash for an airline to be held responsible. Quite often turbulence brings many cases, in jetliners, that are rerouted, mis-routed, or inappropriately flown into bad weather. Those cases often times result in substantial economic settlements for the passengers who were injured, and yet the airplane flew on and landed safely.
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Commercial airlines for hire owe a special duty to passengers that is a stricter duty than a private airplane, for instance, your friend owns, when you’re traveling throughout the United States or the world. Commercial carriers have a higher maintenance standard, they have a higher piloting standard, and your lawyer should be able to discuss...
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The United States Government can be held responsible in some airplane accident cases. The usual scenario is an air traffic controller employed by the United States Government who fails to do their job properly resulting in a mis-routing of airplanes or a failure to warn an airplane of impending weather. There are other scenarios and...
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There are limitations on international airplane flights, depending on where the airplane departed, landed or returned from or to. It is a complex analysis that no lawyer can answer absent a copy of the manifest and understanding exactly where the airplane traveled to and from. Certain treaties have been entered into among certain countries, the...
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