How do the laws in different states vary regarding plane crash lawsuits?
Plane crash lawsuits vary from state to state in regard to the laws surrounding them. In North Carolina, the law requires that special agencies in the North Carolina Department of Transportation investigate plane accidents to determine the cause. All lawsuits filed due to plane accidents must be brought within three years of the date of the incident in North Carolina. In some states, such as California, the statute of limitations is much longer. In California, a lawsuit must be filed within two years of the incident, or within three years of when a plaintiff discovered the injury, whichever is later. Also, in California the plaintiff must establish a higher legal standard of negligence by proving that the defendant was ‘grossly negligent’ in order to prevail. New York requires that a plaintiff prove strict liability in order to succeed in their lawsuit. This is a higher legal standard than the typical negligence standard required in other states. In South Carolina, a plaintiff must establish a higher legal standard of ‘wantonness’ in order to succeed in the suit. This requires that the defendant acted with a conscious and reckless disregard for the safety of others. Overall, the laws vary significantly from state to state in regard to plane crash lawsuits, and it is important to be aware of the particular laws in the state the accident took place in order to ensure that you are filing the suit correctly and with the correct legal standard.
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