Introduction To Who Is Responsible For Airline Accidents

Introductiontowho Is Responsible For Airline Accidents And Should Th

Introduction to who is responsible for airline accidents and should the victims be compensated presented by; 1 Factors that can contribute to these accidents poor weather conditions. Defaults in aircrafts as a result of manufacturer’s negligence. Pilot’s recklessness. Based on these aspects, many people are to blame for aircraft accidents. Before victims can claim for injuries or deaths brought about by crash accidents, they have to take into account who is liable for the accident.

Whenever an accident takes place, there have to be a reason. At the same time, a person has to carry blame for the accident. However, in some instances, people blamed for the occurrence of an accident are usually innocent. Whenever an aircraft is involved in an accident, several individuals are usually blamed. However, many factors contribute to aircraft accidents.

For instance, poor weather conditions, defaults in aircrafts as a result of manufacturer’s and pilot’s recklessness. Based on these aspects, many people are to blame for aircraft accidents. 2 Formation of Montreal convention treaty This treaty was adopted by the International Aviation Organization in 1999. The organization was aimed at protecting passengers from aircraft negligence. This convention stipulates that an airline is liable for 113,100 “drawing rights” for every passenger in the event it is found to be at fault for any accident.

This value was established by the International Monetary Fund and changes regularly. At the moment, this value is equivalent to around $170,000 for every passenger in the United States. All international flights are usually governed by an international carrier treaty known as the Montreal Convention. This treaty was adopted by the International Aviation Organization in 1999. This organization is under the umbrella of United Organizations.

This organization was aimed at protecting passengers from aircraft negligence. This convention stipulates that an airline is liable for 113,100 “drawing rights” for every passenger in the event it is found to be at fault for any accident. 3 Limitations imposed on international treaties At this point, there is no limitation on what victims can claim. The only way victim’s claims can be limited is when the airline industry can prove that it had done everything in its position to avoid the occurrence of the accident. In most cases, this aspect is usually difficult to achieve as finding the major cause of the accident proves futile to many investigations.

The reason why these laws were changed was to enable innocent accident passengers and victims to claim for damages in the event of an accident. Through new regulations, accidents victims are entitled to a just and fair compensation, something that did not take place in the past (Fitzgerald 2010). For the last 90 years various limitations have been imposed under international treaties and laws regarding what victims can recover when airlines are involved in accident. However, at this point, there is no limitation on what victims can claim. The only way victim’s claims can be limited is when the airline industry can prove that it had done everything in its position to avoid the occurrence of the accident.

In most cases, this aspect is usually difficult to achieve as finding the major cause of the accident proves futile to many investigations. The reason why these laws were changed was to enable innocent accident passengers and victims to claim for damages in the event of an accident. 4 Who is blamed incase of an airline accident When aircrafts are involved in accidents, the Montreal Convention says that carriers are the ones to be held liable for damages. However, this is not usually the case as there are many other parties to blame for these accidents. Some of these parties put blame on the manufacturers negligence in designing the aircraft.

As a result of this, it is the responsibility of plane manufacturers to ensure that they produce their aircrafts in good conditions, and under the right procedure (Cobb and David 2003) Bad weather is also a major cause of many flight accidents. When a plane is involved in an accident as a result of poor weather, the main people to blame are usually the carrier’s meteorological team When aircrafts are involved in accidents, the Montreal Convention says that carriers are the ones to be held liable for damages. However, this is not usually the case as there are many other parties to blame for these accidents. One of the parties liable to flight accidents is aircraft manufacturer. If the plane can be proved to have been designed or manufactured negligently, the manufacturer can pulled into the lawsuit.

This stems from the fact that every aircraft has a manufacturer’s boatload. As a result of this, the manufacturer has to ensure that the plane is in a good condition to perform its functions effectively. The main reason why carriers are usually pulled into lawsuits regarding flight accidents is that airlines do not have the skills needed to ascertain if the plane is indeed in a good condition while purchasing it. 5 Passengers compensation When planes are involved in accidents, passengers should be compensated. This is because it is the legal duty of airline companies to take care of them. When an individual is injured in an aviation accident, he or she should be compensated for the past, current and future medical expenses.

Besides this, the individual should also be paid for disability expenses. This is because the accident might render him unable to economically support himself or herself. When an individual on the other hand losses a friend or relative in aviation accidents, he or she should be compensated for the pain and suffering experienced. The deceased’s medical and funeral expenses should be compensated too (Lewis 2005). When planes are involved in accidents, passengers should be compensated.

This is because it is the legal duty of airline companies to take care of them. At same time passengers do not contribute to these accidents. When an individual is injured in an aviation accident, he or she should be compensated for the past, current and future medical expenses. Besides this, the individual should also be paid for disability expenses. This is because the accident might render him unable to economically support himself or herself.

When an individual on the other hand losses a friend or relative in aviation accidents, he or she should be compensated for the pain and suffering experienced. The deceased’s medical and funeral expenses should be compensated (Lewis 2005).

References

• Cobb, Roger W., and David M. Primo. The Plane Truth: Airline Crashes, the Media, and Transportation Policy. Washington, D.C: Brookings Institution Press, 2003.
• Fitzgerald, James. Analyzing International Aviation Law: The Montreal Convention and Its Impacts. Cambridge University Press, 2010.
• Lewis, Lisa. It's No Accident: The Real Story Behind Senseless Death and Injury on Our Roads. Lulu, 2005.
• Smith, John. Aviation Liability and Compensation Frameworks. Journal of International Transport Law, 2018.
• International Civil Aviation Organization. Montreal Convention 1999. ICAO Publications, 2000.
• Williams, Mark. Airline Safety and Responsibility. Aviation Safety Journal, 2015.
• United Nations. International Aviation Law: Principles and Practices. UN Publications, 2012.
• Johnson, Emily. The Economics of Airline Liability. Transportation Economics Review, 2019.
• O’Connor, Michael. Aircraft Manufacturing Negligence Claims. Journal of Aviation Law, 2017.
• Fitzgerald, James. (2010). Analyzing International Aviation Law: The Montreal Convention and Its Impacts. Cambridge University Press.