What is Airline Liability?
In the age of technology, we can book a plane to wherever we want to go in a few taps. The concern for most traveling today is finding an inexpensive fare before someone else snaps it up! Families with children looking for a break from screens and homework, reuniting with family members, and work travel all require air travel. Air travel for any reason is the most efficient, cost effective form of travel available today.
What is airline liability?
Airline liability results when injury, death, or property loss occurs as a result of negligence on the part of the airline itself, or the negligence of its employees. Airlines are required to exercise a duty of care to passengers to uphold all federal regulations.
Are advances in air travel protecting passengers?
Traveling in 2021 is not so far from what it was in the early 1900s. However, before air travel, it took weeks by ship to travel to or from the United States. Aside from the fact the convenience that remains the same over the decades, the rate of accidents that happen on planes is dramatically increasing.
The question remains, are the advances made in air travel protecting its passengers? What do travelers need to know about airplane safety? And what happens if a passenger sustains injuries while flying? This Shaked Law Firm article will answer questions of airline liability and regulation.
How are modern safety standards changing air travel?
Technology is providing the ability to more accurately determine what goes wrong during tragic plane accidents. As a result, the the Federal Aviation Administration (“FAA”) is beginning to increase the strictness with which they enforce standard of care. The standard of care is the duty a pilot and flight crew must maintain for everyone’s safety.
The safety regulations of airlines, airplane manufacturers, the National Transportation Safety Board and the FAA are all more rigorous than pre-9/11. Back then, the world was an entirely different place for traveling. Now, with long TSA lines to ensure everyone in the air stays safe and strict guidelines on liquids, food, drink, and a weapons ban, air travel requires much more preparation. Learn more: National Transportation Safety Board
Safety standards of 2021 and airline liability
Today, safety standards begin from the screws holding the plane together all the way to flight attendants serving beverages. There’s even a standard of care when providing safety information guidelines before takeoff. Everyone on the flight crew and those on the ground must work together, efficiently. Team work among the airline staff ensures the utmost level of safety is in practice. In the event of a tragedy such as a plane crash or emergency landing due to mechanical failure, there is now the ability to look back and retrieve information leading to it.
Who is responsible for my safety on a plane?
Airline liability starts at the top, but everyone from the airline itself to its employees and those who work on the plane’s mechanics are responsible for passenger safety.
- The manufacturer. Who built the plane? When do those employees receive training on plane mechanics and furthermore, are all certifications kept up to date? At this level of mechanical failure, liability for negligence resulting in an accident, emergency landing, or crash may result because the manufacturer did not employ flight crew meeting FAA’s rigorous standards standards. Also, someone at this level may be careless in their background checking policy.
- Aircraft mechanic. If a plane mechanic present to fix a problem fails to perform their duties, there may be a “standard of care” violation. They may be negligent and can ultimately be liable for their careless (and possibly reckless) actions. Thus, failing to maintain certification, lying about licensure, or performing duties while under the influence gravely affects an aircraft’s ability to function properly. This kind of violation is one which can result in a catastrophic accident.
- The aircraft retailer. Whether a large corporation or a small boutique company, retailers may be liable. If it’s found they knowingly sell a plane, or even a fleet of aircrafts to an airline that are defective or identify a malfunction during any testing of the aircraft, but remain silent.
- The airline. “Airline” includes every person from ticketing agents to the pilot. The airline holds a responsibility to all passengers to ensure health and safety standards are not only met, but continuously exceed federal regulations. It’s important for airlines to constantly look into ways they can improve not only passenger satisfaction, but safety. There is a reason the flight crew asks passengers to stay silent and listen to all safety guidelines before takeoff.
Does your Florida Personal Injury attorney have plane accident expertise?
Shaked Law Firm’s Florida Personal Injury attorneys have extensive plane accident expertise. This means we’re in the trenches with our clients. We know that mediation may not always result in the maximum compensation our plane accident clients deserve. That’s why we’re ready to go to trial whenever necessary. Schedule a consultation with one of our expert Florida plane accident attorneys by clicking the link below.