Wisconsin plane crash and Wisconsin airplane accidents are frequently the subject of civil actions. More often than not, the justice system holds responsible entities causing death or injuries to pilots or passengers involved in a plane crash or airplane accident.
Airline carriers are not the only entities that may be held responsible for a plane crash or airplane accident. In fact, many air plane crash cases involve the plane's manufacturers as well as subcontractors. For example, while Frank Pasternak was working in Chicago with nationally renowned lawyers, Philip Corboy, Thomas Demetrio and Robert Clifford, those lawyers put responsibility for a July 1989 air plane crash of a United DC-10 in Sioux City, Iowa on both McDonnell Douglas, the airplane manufacturer, and General Electric, the engine manufacturer, in addition to United Airlines.
What law governs an airplane crash is decided by whether the airplane accident involved an air carrier, like a commercial commuter or passenger airline or civilian accident. If the airplane crash was a civilian accident, then the rules that apply are similar to the "Rules of the Road" and legal negligence standards of ordinary and reasonable care. A pilot flying such aircraft must use reasonable care in flying a plane, a mechanic is to use reasonable care in fixing an airplane, etc. Subject to statutory law or rules of agency, under which for example an employer is normally liable for negligent acts of employees, an owner of a civilian airplane involved in an accident or crash may be held legally liable for the negligence of a mechanic or pilot.
Airline carriers, like a commuter or passenger airlines, are required to take much greater care than ordinary civilians. This is a part of the common law from England, which held commercial entities carrying loads of people to one of the highest duties of care. Thus, major airlines like Delta, Northwest, United, American, etc., must use to highest care to prevent airplane crashes and airplane accidents that may cause injury or wrongful death.
If a crash was one involving an air carrier, then whether the flight was domestic or international will determine what rights of recovery are available. Two international agreements apply to international flights and domestic parts thereof and these are the Warsaw Convention and Montreal Protocol. Under those agreements, airlines liable for injuries to passengers but the amount of responsibility is capped absent reckless wrongdoing (though some carriers in the U.S. have agreed under certain circumstances to waive the agreements). Typically though, damages in airplane crashes and aviation accidents are not capped.
Wisconsin Helicopter Accidents
National Business Aviation Association
Helicopter Association International
Aircraft Owners and Pilots Association
International Council of Air Shows
NASA Aviation Safety Reporting System
FAA - Federal Aviation Administration
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If you wish to know whether the firm can help with a Wisconsin personal injury or wrongful death case, please call (262) 785-0802 or send email to attorney@frankpasternak.com. Wisconsin lawyers may only practice law in Wisconsin. Wisconsin attorneys may however work at no added fee or expense with personal injury lawyers and wrongful death attorneys outside Wisconsin and Wisconsin lawyers may be admitted to practice on a temporary basis outside Wisconsin. Thus, the firm may help with Wisconsin Personal Injury cases and potentially with cases outside Wisconsin. All inquiries are free and without obligation.