How can I prove that the airline was negligent in a plane crash?
To prove that an airline was negligent in a plane crash, one must establish that the airline breached their duty of care owed to passengers. This means that the airline must have failed to perform in a manner that a reasonable airline would have done under similar circumstances. For example, a jury may consider whether the airline properly maintained their aircraft, followed safety regulations and standards, and had proper policies in place for the operation of their aircraft. In addition, in Washington the burden of proof is on the plaintiff (the person filing the lawsuit) to prove that the airline was negligent in the crash. Hence, to prove negligence in a lawsuit, the plaintiff must prove four elements: duty, breach of duty, causation, and damages. Duty requires that a reasonable duty of care was owed to the passenger; breach of duty requires that the airline failed to uphold their duty of care; causation requires that the airline’s breach of duty caused the crash and the damages that followed; and damages require that the plaintiff suffered some sort of injury or financial loss as a result of the crash. Lastly, it may be useful to note that if the airline is found negligent in a plane crash, they may be liable to pay compensatory damages to the plaintiff to cover any financial losses incurred as a result of the crash. Furthermore, in some cases, punitive damages may also be awarded if the court finds that the airline’s negligence was especially careless or reckless.
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