Are there any defenses available for a plaintiff in a plane crash case?
Yes, there are several defenses available to a plaintiff in a plane crash case in North Carolina. A plaintiff’s primary defense is that they were not the cause of the accident. The defendant may try to prove that the caused the accident or that they failed to exercise proper care to minimize the risk of the accident. In addition, the plaintiff may assert that the defendant did not use reasonable skill and care when maintaining or operating the aircraft. This defense is rooted in the legal concept of “strict liability” which holds that a person or entity who is liable for any damages caused by an aircraft should be held responsible. Another defense that might be available is “assumption of risk.” This defense holds that the plaintiff voluntarily assumed the risks associated with flying in the aircraft. This defense is often employed to protect a defendant from liability if there was no inappropriate behavior and the risks were clear to the plaintiff. Finally, the defendant may assert that the plaintiff caused or contributed to the accident. If the plaintiff was not exercising due care, this can shift some of the liability away from the defendant to the plaintiff. In summary, there are several defenses available to a plaintiff in a plane crash case in North Carolina. The plaintiff can assert that they were not the cause of the accident, that the defendant did not use reasonable skill and care, that the plaintiff assumed the risks, and that the plaintiff caused or contributed to the accident.
Related FAQs
Are there any time limits for filing an insurance claim for a plane crash?Are there any special laws that apply to commercial airline pilots?
Is it necessary to hire an attorney to file a claim for a plane crash?
How does a wrongful death lawsuit work in a plane crash case?
What should I do if I discover that the responsible party for a plane crash has declared bankruptcy?
What can I do if I am not happy with the settlement offer made by the insurance company?
Are there any restrictions on how much money I can receive in a plane crash lawsuit?
What should I do if the responsible party for a plane crash refuses to accept liability?
What safety regulations apply to airlines in order to prevent plane crashes?
Is it possible to hold the manufacturer of an airplane or its parts responsible for a plane crash?
Related Blog Posts
Understand the Laws and Regulations Governing Plane Accident Claims - July 31, 2023The Danger of Unrepresented Plane Accident Victims - August 7, 2023
What to Look for When Choosing a Lawyer for Plane Accident Claims - August 14, 2023
Important Steps to Take Following a Plane Accident - August 21, 2023
Exploring Insurance Coverage After a Plane Accident - August 28, 2023