Is the airline liable if a passenger causes a plane crash?
The legal answer to the question of whether or not an airline is liable if a passenger causes a plane crash depends on the facts surrounding the incident. In most jurisdictions, the airline would likely not be liable for the negligence of a passenger. However, certain cases can bring the airline into the spotlight for liability. If the airline should have known that a passenger posed a risk or threat to the safety of the flight, yet allowed them to remain on the plane, they may be held liable under a “Negligent Hiring and Retention” claim. Additionally, if the airline did not provide proper safety protocol or instructions to passengers, they could be responsible for the passenger’s failure to adhere to that protocol. The most important element of a claim for airline liability is negligence. That means that the airline must have either failed to exercise reasonable care in hiring, retaining, or providing safety instruction to a passenger, or failed to take proper safety precautions. Illinois state law also allows a plaintiff to pursue a “gross negligence” claim if it can be shown that the airline showed reckless indifference to the safety of its passengers. In summary, an airline may be liable for a plane crash if the passenger responsible was able to board the plane because of the airline’s negligence, or if the airline failed to take necessary precautions to ensure the safety of its passengers.
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