Overview

Federal preemption issues, the heightened common carrier duty, NTSB evidence that is and is not admissible, product liability against manufacturers, and the Montreal Convention framework for international flights.

This guide is written for injured people, their families, and the lawyers who help them. It is not legal advice for any specific case. Call us, or any California lawyer you trust, before you make decisions that affect your claim.

Key takeaway
Aviation cases involve federal preemption, common carrier duty, and multi-party liability. NTSB factual findings are admissible. GARA imposes an 18-year manufacturer repose period.

Federal Preemption

Understanding federal preemption is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in aviation accidents cases.

Key takeaway
Federal preemption issues, the heightened common carrier duty, NTSB evidence that is and is not admissible, product liability against manufacturers, and the Montreal Convention framework for international flights.

Common Carrier Duty

Understanding common carrier duty is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in aviation accidents cases.

Liability Theories

Understanding liability theories is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in aviation accidents cases.

General Aviation

Understanding general aviation is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in aviation accidents cases.

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Helicopter Accidents

Understanding helicopter accidents is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in aviation accidents cases.

Drone Injuries

Understanding drone injuries is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in aviation accidents cases.

NTSB Investigation

Understanding ntsb investigation is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in aviation accidents cases.

International Aviation

Understanding international aviation is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in aviation accidents cases.

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Cross-References

Common Questions

Can I sue an airline for injuries in California?

Yes. Airlines are common carriers owing the highest degree of care. Even slight negligence is actionable. Claims can be based on negligent operation, maintenance, hiring, or training. For international flights, the Montreal Convention provides the exclusive remedy with its own liability and damages framework.

What is the GARA 18-year rule?

The General Aviation Revitalization Act bars product liability claims against aircraft manufacturers 18 years after delivery. Exceptions exist for knowing misrepresentation, failure to comply with airworthiness directives, and replacement parts manufactured after original delivery.

Can NTSB reports be used in my lawsuit?

NTSB factual findings — component examinations, CVR transcripts, FDR data, weather observations — are generally admissible as public records. However, the NTSB probable cause determination is specifically inadmissible under 49 USC 1154(b).

What if the crash was over international waters?

The Federal Death on the High Seas Act may apply, limiting damages to pecuniary losses. For international flights, the Montreal Convention governs liability, damages, and the two-year statute of limitations.

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Local Resources

  1. 49 USC § 40101 et seq.. Federal Aviation Act — FAA regulatory authority.
  2. CACI 901. Common carrier highest degree of care jury instruction.
  3. 49 USC § 1154(b). NTSB probable cause determination inadmissible in civil litigation.
  4. General Aviation Revitalization Act (GARA). 18-year statute of repose for aircraft manufacturer product liability.
  5. Montreal Convention (1999). International air transport liability framework — strict liability, damages, and jurisdiction.
  6. Barker v. Lull Engineering (1978) 20 Cal.3d 413. California risk-benefit test for design defect claims.