What if I am injured in a plane crash caused by an air traffic controller error?
If you are injured in a plane crash caused by an air traffic controller error, you may be able to file a claim for negligence against the controller or the government agency that employs them. In Florida, negligence law is determined by an element known as “duty of care.” This holds that any person who performs an action or service is responsible for exercising a reasonable duty of care to prevent any harm to another person. Therefore, if an air traffic controller fails to meet their duty of care, they can be held liable for any harm that their actions or inaction caused. In addition to negligence, you may also be able to file a claim under the Florida Wrongful Death Act. This law holds that a lawsuit can be brought if the death of a person was the result of a wrongful act, neglect, or culpable negligence. In other words, you must prove that the controller’s behavior was negligent or that their failure to act caused the accident. If your claim is successful, you may be eligible to receive various forms of compensation for your injuries. This could include reimbursement of medical expenses, lost wages, and pain and suffering. If someone else lost their life in the accident, then they may also be able to file a wrongful death claim. Ultimately, the severity of the crash and the degree of negligence demonstrated by the air traffic controller will determine whether or not you can file a claim.
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