How does a judge decide which party is at fault in a plane crash case?
When determining fault in a plane crash case, judges must carefully consider all of the evidence presented by both parties and apply the law. Judges examine the facts and testimony to determine whether any of the parties involved, such as the pilot of the plane, the air traffic controllers, or the manufacturer of the plane, were negligent and if their negligence caused the crash. The judge will take into consideration certain factors, such as the maintenance records of the plane, the pilot’s experience, and the weather conditions at the time of the crash. The standard of negligence used in a plane crash case is known as “ordinary negligence” and is defined by North Carolina law as failing to exercise reasonable care under the circumstances. To prove ordinary negligence, the judge must first determine that a particular duty of care was owed to those affected by the accident. The judge must then determine whether the defendant failed to meet that duty of care. If the judge finds that a party was negligent in either way, that party can be held liable for any damages caused by their negligence. The task of courts in these cases is to make an impartial, unbiased decision that is grounded in the law. Judges will take into account all of the evidence presented in the case and make their rulings based upon what the law requires them to do. While determining fault in plane crash cases can be difficult, courts strive to make reason-based decisions that adhere to the legal standards set forth by North Carolina.
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