Influencer Plane Crash Raises Questions of Liability and Personal Injury

The rise of social media influencers has brought with it a new set of challenges and legal questions, particularly when their high-flying lifestyles take a tragic turn. While plane crashes are statistically rare, with odds of a commercial plane crashing at approximately 0.000001%, the consequences are often devastating. When an influencer is involved in a plane crash, the situation becomes even more complex, raising critical questions about liability and personal injury. In fact, up to 80% of aviation accidents can be attributed to human error, making it crucial to understand the legal landscape surrounding these incidents.

The Legal Aftermath of an Influencer Plane Crash

When a plane crash occurs, especially one involving an influencer, several legal avenues come into play. Determining who is liable is the first step, and this can involve multiple parties. According to the FAA, some common causes of air accidents include pilot error, engine failure, bad weather, and structural failure. The investigation process is complex, involving the National Transportation Safety Board (NTSB), the FBI, the FAA, and independent investigators.

Who Can Be Held Liable?

Several parties could potentially be held liable in an influencer plane crash:

The Pilot: Pilot error is a leading cause of aviation accidents, accounting for 53% of crashes. If the pilot was negligent, made errors in takeoff or landing, or failed to comply with regulations, they could be held liable. Even if the pilot is an influencer, they are still responsible for the safe operation of the aircraft.
The Airline or Aircraft Owner: Airlines, as common carriers, are held to a high standard of care. They can be held liable for negligence in maintaining the aircraft or for the actions of their employees. If the aircraft was privately owned, the owner could be liable for improper maintenance or operation.
Aircraft Manufacturers: If a defect in the aircraft or one of its components contributed to the crash, the manufacturer could be held responsible. This falls under product liability, where manufacturers are liable for defects in design or manufacturing.
Maintenance Providers: If improper maintenance contributed to the crash, the maintenance provider could be held liable.
Air Traffic Controllers: Errors by air traffic controllers can also lead to accidents, and in such cases, the Federal Aviation Administration (FAA) can be sued under the Federal Tort Claims Act.

Types of Lawsuits

Victims and their families may pursue several types of lawsuits:

Negligence Claims: These claims argue that a party failed to exercise reasonable care, leading to the accident. For example, a pilot who made a critical error could be sued for negligence.
Product Liability Claims: These claims arise when a defect in the aircraft caused the crash. Unlike negligence claims, product liability claims often involve strict liability, meaning the plaintiff doesn’t have to prove the defendant was careless, only that a defect existed.
Wrongful Death Claims: If a plane crash results in a fatality, the victim’s family can file a wrongful death claim to recover damages for their loss.

Personal Injury and Damages

Victims of plane crashes and their families are entitled to seek compensation for their losses. These damages can be categorized into two main types: compensatory and punitive. Compensatory damages aim to compensate the injured party for losses incurred as a result of the injury.

Compensatory Damages

Compensatory damages are further divided into:

Economic Damages (Special Damages): These are quantifiable losses, such as:
- Medical expenses (past and future)
- Lost wages (past and future)
- Rehabilitation costs
- Funeral and burial expenses
Non-Economic Damages (General Damages): These are less tangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium (loss of companionship and support for a spouse)

Punitive Damages

Punitive damages are awarded to punish the defendant for egregious conduct, such as fraud or gross negligence. These damages are not intended to compensate the victim but to deter similar behavior in the future.

Jurisdiction and International Flights

Aviation accidents often involve complex jurisdictional issues. Claims may be filed outside the area where the crash occurred, in a different state or country. For international flights, the Montreal Convention often applies, dictating how cases should be handled. This treaty establishes airline liability in cases of death, injury, or delay to passengers. It also provides for unlimited liability in some cases, advance payments, and the possibility of suing in the passenger’s principal place of residence.

The Role of Social Media

The social media aspect of an influencer plane crash adds another layer of complexity. The influencer’s online presence, including their content and interactions, may be relevant to the case. For example, if an influencer was known for reckless behavior, this could be used to argue negligence. In one case, a YouTuber intentionally crashed his plane for views, leading to the revocation of his pilot’s license and a prison sentence. This highlights the potential for influencers to be held accountable for their actions.

Seeking Legal Advice

Navigating the legal aftermath of a plane crash, especially one involving an influencer, can be overwhelming. It is crucial to seek advice from an experienced aviation accident attorney. These attorneys can help:

Investigate the cause of the crash
Identify all liable parties
Gather necessary evidence
Negotiate with insurance companies
Represent victims and their families in court

Conclusion

An influencer plane crash raises complex questions of liability and personal injury. Understanding the legal landscape, potential liable parties, and the types of damages available is crucial for victims and their families. If you or a loved one has been affected by an aviation accident, it is essential to seek legal advice from a qualified attorney who can guide you through the process and help you secure the compensation you deserve. Don’t hesitate to contact our firm for a free consultation to discuss your case and explore your legal options.