What if a plane crash occurs due to poor maintenance or inspection?
If a plane crash happens due to poor maintenance or inspection in Oregon, the people responsible for the aircraft’s maintenance and inspection may be held liable. They may be sued for negligence, meaning they did not uphold the necessary standards of care in providing a safe aircraft, and that their lack of care led to the plane crash. Additionally, if the aircraft was found to be defective due to poor maintenance or inspection, then the manufacturer of the aircraft may be held liable as well. In Oregon, the most common lawsuit type for plane crash cases is a negligence lawsuit, which requires the plaintiff to establish it was more likely than not that the defendant owed them a duty of care, the defendant breached that duty, and that breach was the cause of the plaintiff’s injury. Additionally, in Oregon, a plaintiff may be able to recover compensatory damages for any lost wages, medical bills, and other damages; however, Oregon does not recognize punitive damages for plane crash cases. To hold the defendant liable, the plaintiff must show that the defendant owed them a duty, which is based on a standard of care that the defendant should have followed. For plane crash cases, this standard of care is established by the Federal Aviation Administration regulations as well as the regulations of the Airline Operators and Maintenance Organizations. If the defendant fails to meet this standard of care, then they may be held liable for any resulting damages.
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