Ordaz Law, APC, is the law office of aviation accident attorney Juan J. Ordaz Jr. Known throughout the legal community for his dedication and perseverance, Juan J. Ordaz Jr. prides himself on the devotion he dedicates towards the representation of his clients' injury cases. He is a personal injury lawyer focused on excellence and client satisfaction.
- Continue to read and learn about aviation accident, personal injury claims and lawsuits.
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Aviation Accident | Liability
The same rules that apply to liability for injury (or death) on land, apply to aircraft injury accidents.
Aviation Accident | Negligence
Aviation accident injury cases typically arise out of a negligence cause of action. Negligence is the failure to use reasonable care to prevent harm (injury or death) to others.
Aviation Accident | Res Ipsa Loquitor
The legal doctrine of res ipsa loquitur is a presumption that affects the burden of producing evidence in negligence cases. The doctrine permits a jury to find a negligent party, such as an airline company, a pilot or a traffic controller, liable for a person’s injuries or death even without direct evidence of the specific wrongdoing or omissions. Res ipsa loquitor is particularly useful in airplane crashes because of the difficulty of producing evidence of either the precise cause of the crash or negligence on behalf of anyone on board.
Through res ipsa loquitur, an airplane passenger or their heirs may prove that an airline’s negligence (or that of an airplane owner, pilot or traffic controller) caused them harm if they prove the following elements:
- That the victim's injuries (or death) would not ordinarily occur unless someone was negligent;
- That the victim's harm was caused by something that was only under the control of the defendant; and
- That the victim's actions did not cause or contribute to the events that harmed them.
Example Scenario 1: Elizabeth books a flight home from San Francisco to San Diego, California. As the plane is heading home it experiences trouble and is forced to crash land over the Pacific Ocean. The plane is lost at sea along with the black box recorder. Airplane flights are perfect incidences where res ipsa loquitor is plead because of the unavailability or destruction of evidence.
Aviation Accident | Negligence Per Se
Operating an airplane in violation of a safety statute or regulation law raises a presumption that the alleged wrongdoer was negligent. Accordingly, operating an unlicensed aircraft or violating a federal regulation which requires a pilot to see and avoid another aircraft may establish negligence on the part of the airline company and its employee pilots (operating an unlicensed aircraft is a violation of Public Utilities Code Sect. 21411, and federal regulation; and Federal regulation requires an aircraft to see and avoid other air crafts).
Aviation Accident | Persons Liable
Persons who may be found liable for injury or death in aviation accident cases include:
- Airplane Owners and Lessors;
- Airline Companies; and
- Airplane Manufacturers, Suppliers and Repairers.
Aviation Accident | Jurisdiction
Negligence suits typically arise from a state claim and are filed in state court but depending on the nature of the flight which produced the harm, a suit pertaining to an aviation accident may have to be filed in federal court. Injuries occurring on domestic flights may be filed in state court but injuries occurring on international flights must be filed in federal court pursuant to the Montreal Convention Treaty.
In San Diego County there is one federal court titled the United States District Court for the Southern District of California which is located in downtown San Diego. There are also two state courts in San Diego County that handle aviation accidents cases. One state court is also located in downtown San Diego and the other state court is located in Vista.
Ordaz Law, APC | Aviation Accident Attorney
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking an aviation accident attorney in San Diego County. We help victims suffering from a variety of injuries who have sustained their injuries on both domestic and international flights. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego aviation accident attorney.
We are for Justice no Matter Who it’s for or Against.
Blog: Personal Injury