Airline and aviation crash lawsuits in New York and across the country often depend heavily on evidence supplied by federal investigators. What happens when these professionals are unable to do their jobs?
Commercial airplane accidents can be devastating. If they do not result in complete loss, they often result in severe personal injury and extensive financial damages. If you or a loved one was injured in a commercial airplane accident in New York, you may have several questions, one of which, who is liable for your damages?
When you board an airplane in New York or another part of the nation or world, you probably feel relatively confident that you will land in your final destination without facing too much trouble. The past year was a particularly tough one for airplane passengers, however, with worldwide airline fatalities reaching their highest number since 2014. At Kreindler & Kreindler LLP, we recognize that airplane crashes frequently have catastrophic results, and we have helped many people who lost loved ones in airplane crashes pursue appropriate recourse in the aftermath.
If you are like most New Yorkers, you probably think that the Federal Aviation Administration conducts an investigation every time a plane crashes. Actually, this is not the case.
Many travelers from New York and elsewhere understand that they might have an unpleasant experience when they fly, which could range from lost luggage to unexpected delays. However, they may not anticipate the possibility of being assaulted on an airplane. Whether a person is a passenger or an airline employee, nobody should experience sexual assault or harassment on a flight.
As people in New York sat in rush-hour traffic, nearly 200 people were involved in a fatal incident on the other side of the world: the crash of a Boeing 737 MAX 8 as it began its morning flight from Jakarta. The brand-new plane went down off the coast of the Indonesian island of Java, presumedly killing everyone on board.
Unlike murder, which has no time limit in New York, complainants have only a few years after an incident to file wrongful death charges. This discrepancy is due in part to the differing legal consequences -- and burden of proof -- between the criminal and civil convictions.
You and other New Yorkers are likely familiar with the term "road rage," as it is common to encounter impatient and angry drivers who purposefully endanger others on the road. A lesser-known term can also pose dangers for people in the air, and it may happen more often than you think.
If you are an experienced air traveler, then you know to expect the customary notice against the use of portable electronic devices every time you board a plane in Manhattan. Ask people why this notice is given, and you may hear answers ranging from it is simply to protect airlines from property damage claims to PEDs can cause a plane's electrical system to fail. In reality, the reason the use of PEDs during a flight is discouraged is that there is concern that they may interfere with an aircraft's navigation or communication systems.
When people board a commercial flight, they assume that they plane is mechanically sound and ready for flight. Mechanical plane failure, however, is one of the main factors leading to deadly plane accidents in the United States and throughout the world alongside weather and human error. Failure to operate or improper design of critical airplane parts, such as the fuel tanks, navigation system, landing gear, spoilers, rudder, stabilizers, wing components and engine controls, can be catastrophic. Boeing released a study reporting that approximately 20 percent of all commercial air accidents are attributed to mechanical failure.