- Posted by cunninghamswai
- On May 21, 2015
- 0 Comments
It is no surprise that different countries choose to develop different processes of law. The United States and Europe have long had similarities in their operations with regards to aviation law, but both have different processes in place to settle different matters. Since aviation often includes travel between countries and continents, it is important for all airline officials, companies, and even passengers to know the differences in place in both the United States and Europe. By being fully informed, it is easier for everyone to prepare for a safe and happy take off and landing.
In Europe, if an aviation accident occurs, the injured parties are able to pursue criminal prosecution in order to persecute those guilty of human error. In this instance, human error includes both an action that causes error, and faulty manufacturing which is found to be the result of negligence. However, in the United States, when an aviation accident occurs we seek civil justice to resolve claims of corporate liability.
The simplest way to put it is to state that in the United states, anyone can be sued for anything at any given time. Even if a lawsuit is dismissed, companies under attack still face legal fees for defending their claim. Even if a corporation wins, they often have to pay a large sum, totaling 33-40%, of the winnings to pay for their own legal fees, known as contingent fees. Overall, legal liability for aviation corporations is costly and if companies do not plan ahead to prevent or protect against lawsuits, it still costs time and money to ensure they can be safe under the law.
Companies in the United states can take great steps to ensure they will not be found liable following an aviation accident that results in injury – either mental, physical or emotional – and will know they have taken the right steps to eliminate fault. The fist step is to perform an initial exposure, liability and operational assessment with a qualified attorney or safety organization to cover all bases of your agency. Companies need to immediately report any malfunctions, failures or defects in their products both internally and to proper authorities. Companies can reduce risk by making all required design and safety changes when found, and ensure every facet complies with state, federal and other operational requirements. Companies need to develop operations safety plans and keep all original certification information, including testing date, as well as observe all legal formalities strictly to meet requirements.
Overall, companies in the United States need to work hard to avoid civil litigation. While European law holds a criminal case, in the United States a civil suit can end up costing more to the company at fault. Do what it takes to look out for your company before an accident occurs to ensure you will not be facing aviation litigation.