Are there any defenses available for a plaintiff in a plane crash case?

Yes, there are defenses available for a plaintiff in a plane crash case in Utah. Generally, the defendant in a plane accident case will attempt to show that the plaintiff caused the accident and is thus responsible for the damages. For example, the defense may argue that the plaintiff was negligent in a manufacture or design defect of the airplane or aircraft component that resulted in the crash. Additionally, the defense may try to show that the plaintiff failed to follow safety protocols or was operating the aircraft in an overly risky manner. Another defense that may be used is contributory negligence, which occurs when the plaintiff is found to have contributed to the accident in some way. An example of this would be if the plaintiff failed to properly use the safety belts or failed to follow the aircraft’s operating manual instructions. The defense of assumption of the risk is also often used in plane accident cases, where the plaintiff is deemed to have assumed the risk of an accident by counteracting the safety protocols of the aircraft or knowingly assuming the risk of a certain activity, such as skydiving. Overall, the defense may also try to show that the accident was an unforeseeable event or was caused by a force majeure, which is an act of God or some other uncontrollable occurrence. If successful, such a defense would absolve the defendant of liability.

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