How is fault determined in a plane crash?
Fault can be determined in a plane crash in a variety of ways depending on the regulations of the state. In Kansas, fault can be determined by examining the legal elements of negligence, which are duty, breach, cause, and damages. Duty is the legal obligation an individual has to act responsibly and avoid causing harm to another individual. Breach refers to when that duty is breached, or not met. Cause is proving that the breach was the direct cause of the accident. Lastly, damages refer to any harm caused as a result of the breach of duty. In order to determine fault in a plane crash, multiple factors must be taken into consideration. In Kansas, pilot error may be the cause of a plane crash due to the negligence of the pilot. The Federal Aviation Administration (FAA) can investigate a plane crash in order to see if there were any violations of FAA regulations that may have caused the accident. Bad weather or air traffic control errors can also be the cause of an accident. If the aircraft itself is found to be the cause, the manufacturer may be liable for any injuries or damages that occurred. Overall, fault can be determined in a plane crash in Kansas by examining legal elements of negligence as well as any potential FAA violations, bad weather circumstances, or malfunctioning aircraft components. In the end, it is up to the court to assess all evidence and determine who is ultimately at fault for a plane accident.
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