Aviation accidents are serious accidents, especially those that happen while the plane is in flight. Aviation or plane accidents do not only mean pilot error. It could also be caused by malfunctioning gauges as a result of product liability or failure of maintenance.
Also, aviation accidents do not only connote plane crashes or mishaps. Particularly in California, any injury suffered by a person while inside the plane is considered aviation accident. Examples of these accidents are slip and fall, trip and fall, product liability and general negligence.
There is a difference between owner-operators and purely owners of planes in relation to aviation accident liability. If you are an owner-operator or even just an operator of a private plane, if a person is injured inside your plane and there is negligence, you will definitely be exposed to liability. In most states, if the owner of the plane is not piloting his plane at the time of the accident, so long as he can prove that there was no negligence on his part for hiring the pilot, the pilot himself will be liable. In a nutshell, the rule is the one in control of the plane is the one liable in case of injuries to passengers and persons.
If you are an operator of a private plane, you should secure plenty of aviation insurance to protect you from personal exposure in case of an aviation accident. There are insurance providers that do not only insure you against injury claims and damage to properties but also pay for defense lawyers who will defend you against claims, especially if you are not actually negligent.
However, pilots should not be disheartened. In case of accidents, it is seldom that pilots are sued in their personal capacity and against their personal estates. Claimants and their lawyers are aware that it would be a better course of action to go against the employer or the owners of the planes rather than the pilots who are strictly just employees. Personal injury lawyers know that they could get better results if they claim from the owners of the planes who have deeper coffers.
Being a pilot is a great thing. It is a good feeling to fly in the sky and control the huge mechanical beasts that glide the airways. However, such power and freedom is also associated with accountability. It is wise to get aviation liability insurance because an aviation accident can really be life changing.
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