What is the difference between a held liable case and a negligence case in a plane crash?
In a plane crash, the difference between a held liable case and a negligence case comes down to who is at fault for the crash. In a held liable case, the pilot, aircraft owner, or controlling entity can be held legally responsible for any injuries or damages due to their negligence. The controlling entity can be held liable for factors such as failing to provide proper maintenance or ensuring the safety of the aircraft. In a negligence case, the plaintiff must prove four elements in order to be successful: duty of care, breach of that duty, causation, and damages. Negligence means that the defendant did not meet the standard of care that they were expected to, which caused harm to the plaintiff. To prove this, the plaintiff must show that the defendant had a duty to act in a certain way, that the defendant breached that duty, and that their breach caused the plaintiff’s damages. In Michigan, an airplane crash is generally classified as either a held liable case or a negligence case. The difference between the two can be summed up in who is at fault for the crash. In a held liable case, the pilot, aircraft owner, or controlling entity can be legally responsible for any injuries or damages due to their negligence. In a negligence case, the plaintiff must prove four elements in order to be successful: duty of care, breach of that duty, causation, and damages.
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