Why Airline Cases Are Different
The operation of airlines is governed by special rules, not only in apportioning liability but also in managing the resulting legal process.
The Federal Aviation Administration (FAA) divides major air carriers under the provisions of Part 121. These provisions outline standards for structuring maintenance programs, operational control, and pilot training and evaluation. These are the minimum standards that represent the legal duty of the airline under the FAA Air Carrier Certification and Safety Standards.
Aside from private and chartered flights, other scheduled flights involve collaboration between airlines, ground staff, suppliers, airports, maintenance crews, and control tower personnel — each making interrelated decisions. Fault is determined by cross-correlating crew narratives, maintenance work logs, and flight recorder data with compliance to U.S. aviation regulations.
The National Transportation Safety Board (NTSB) database on public aviation accidents is the primary source used by investigators to reconstruct events. It serves as a vital resource in almost all commercial aviation cases.
Families are often interested in the managed data retained by air carriers, as it helps establish liability in both injury and wrongful death claims.
Repeated Ways of Causing Liability in the Airline Business
Claims against airlines often stem from multiple preventable failures, not a single cause.
Discretion and decision-making under Part 121 procedures.
Holding patterns, turns, go-around decisions, and other operational actions are evaluated against FAA-approved checklists and company manuals.
Compliance with and correction to a defined maintenance schedule.
Airline maintenance reliability systems covered under FAA Advisory Circular 120-17A outline inspection protocols. Airlines and their contracted maintenance providers face exposure when diligence is lacking in inspections or troubleshooting.
Powerplant and component failures.
Beyond the engines, any defective system can lead to liability. A product liability inquiry may expose the airline or manufacturer.
Operational control and dispatch.
Negligence in flight planning, documentation, or weather briefing procedures may substantiate a breach of duty.
Air traffic control and airport components.
Communication failures among controllers or insufficient runway lighting can create liability under the Federal Tort Claims Act (FTCA). This governs civil claims against the federal government. In these cases, flight data, cockpit voice recordings, and operational manuals are reviewed collaboratively with counsel to establish causation.
Regulatory Liability for Airlines – Part 121 Clause
International and Federal Laws.
Cross-border regulations and treaties determine how airline liability is handled under contract, negligence, and criminal frameworks.
International carriage by air is governed by the Montreal Convention. As the U.S. Department of Transportation outlines, this treaty governs liability for passenger injuries or deaths on international flights. It provides a two-year limitation for filing claims. Airlines are strictly liable up to a monetary threshold, above which recovery is fault-based.
The Death on the High Seas Act (DOHSA) applies to crashes more than 12 nautical miles from the United States. It limits certain non-pecuniary damages for wrongful death.
The Federal Tort Claims Act (FTCA) also applies when negligence by air traffic controllers contributes to an accident. An administrative claim must be filed with the responsible agency before proceeding in court.
It is the lawyer’s duty to determine which of these frameworks applies. The lawyer must ensure all documents are submitted before the relevant legal and statutory deadlines.
What Families Can Do Within the First 60 Days
The first weeks following a crash are stressful, but taking practical measures can improve legal protection:
- Keep all records, including boarding passes, tickets, and airline correspondence.
- Do not sign releases or make recorded statements without legal counsel’s approval.
- Identify estate representatives early, as probate documents are needed to obtain certain records.
- Through your attorney, submit preservation requests for flight data, maintenance, dispatch, and crew-training files.
- Track filing deadlines under the Montreal Convention or state wrongful-death statutes. Deadlines vary widely by jurisdiction.
Contact a personal injury attorney to ensure you meet critical deadlines and preserve your legal rights.
Evaluating Damages for Injuries and Wrongful Death
Compensation depends on applicable law and typically includes:
For injury: medical treatment, rehabilitation, employment losses, income, and pain.
For wrongful death: funeral expenses, financial dependency, and emotional suffering.
Under DOHSA, compensation may be limited by the exclusion of non-economic losses. The human toll of aviation tragedies is documented in the NTSB Annual Review of Aviation Accidents, emphasizing the need for accountability.
Punitive damages may be available in cases of reckless conduct, as permitted under state law. Your attorney will evaluate your case to determine the total recoverable damages.
Our wrongful death lawyers are here to help you. Contact us to learn how you can recover compensation after a plane accident.
