Injured in a Small Plane Crash, Can I Sue?

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller concerned about his right to sue after being injured in a small plane crash. He was one of two passengers injured when the small plane he was in flipped on take-off. He was thankful he survived, but his injuries were quite serious and included a spinal injury. He has lost time from work and cannot engage in golf or tennis as he enjoyed doing before the crash. He asked about his legal options.

In the event of a small plane crash, a survivor (or an estate on behalf of someone killed in a crash) may be able to sue for damages and compensation.

Exactly who is named in the lawsuit will vary depending on the circumstances of the crash. Potentially responsible parties may include:

• Aircraft owner/operator: The owner or operator may be liable for any negligence or wrongdoing.
• Pilot: If the pilot was responsible for the crash due to error or misconduct, they may be held liable.
• Maintenance provider: The maintenance provider may be liable if improper maintenance contributed to the crash.
• Manufacturer: The manufacturer may be liable if a design flaw or defect in the aircraft contributed to the crash.
•  Air traffic controller: The controller or their employer may be liable if guidance mistakes led to the crash.

Keep in mind that if air traffic controller errors occur in the United States, the Federal Tort Claims Act (FTCA) will govern whether an individual may sue the federal government for the negligence of federal employees.

In many situations, negligence will be strongly suspected when an airplane crashes unless the facts demonstrate that the accident was caused by weather or other factors beyond human control.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com. While there, make sure you request a copy of our book “Fighting for Truth.”