Aviation cases cover commercial airline incidents, charter and helicopter crashes, and FAA Part 91 / 135 operations. Below are related catastrophic-injury and wrongful-death resources.
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Aviation accident litigation operates at the intersection of federal preemption and state tort law. The Federal Aviation Administration regulates civil aviation under 14 CFR Part 91 (general aviation operations), 14 CFR Part 121 (commercial scheduled operations), 14 CFR Part 135 (commuter and on-demand operations), and 14 CFR Part 61 (pilot certification). The FAA Authorization Act of 1994 preempts certain state regulation but generally not state tort claims for negligence and product liability. Federal regulations are searchable at eCFR Title 14.
California state-level aviation regulation lives at Cal. Code Reg. Title 21 section 3500 et seq., which governs airport licensing, helicopter operations, and air ambulance services. Public Utilities Code section 21001 et seq. addresses California aviation jurisdiction. The personal injury limitations period of two years under Code of Civil Procedure section 335.1 applies to most aviation claims, with wrongful death also at two years. International flights are governed by the Montreal Convention, which sets liability frameworks and has its own claim deadlines.
Federal preemption analysis under the FAA Authorization Act and the implied preemption doctrine is the threshold issue in most aviation cases. The U.S. Supreme Court in Abdullah v. American Airlines and other federal courts have addressed when state tort claims for negligence in aviation operations survive preemption. California state courts have generally allowed state tort claims for product liability against aircraft manufacturers, pilot negligence, and maintenance failures, while federal claims under federal aviation regulations also remain available.
Damages doctrines from Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, and Proposition 51's several-liability rule under Civil Code section 1431.2 apply to aviation cases the same way they apply to other personal injury and wrongful death cases. Product-defect theories follow Soule v. General Motors Corp. (1994) 8 Cal.4th 548, which provides the consumer-expectation and risk-benefit tests. Verify each citation at Justia California Case Law.
Yes, in most cases. While federal aviation regulation broadly preempts state regulation of aviation safety and operations, state tort claims for negligence by pilots, operators, mechanics, and manufacturers generally survive preemption. Product liability cases against aircraft manufacturers proceed in state court under California design-defect law. Suits against air ambulance operators and helicopter tour operators are typically pursued in California state court. Federal claims against the United States under the Federal Tort Claims Act, however, must be filed in federal court.
California Code of Civil Procedure section 335.1 sets a two-year limitations period for personal injury and wrongful death claims arising from aviation accidents. International flights are governed by the Montreal Convention, which sets a two-year deadline that runs from the date of arrival at destination. Federal Tort Claims Act claims against the United States, including air traffic controller negligence, require an administrative claim within two years and suit within six months of denial. Aircraft product liability claims have separate limitation periods that vary by theory.
Potential defendants include the pilot under negligent operation theories; the aircraft owner under negligent entrustment; the maintenance provider under negligent maintenance; the aircraft manufacturer and component suppliers under product liability; the airport operator for ground-control or runway-condition failures; the air traffic controller through Federal Tort Claims Act suits against the United States; and commercial operators under respondeat superior. Identifying every potentially responsible defendant early is essential because evidence preservation orders must reach all of them quickly.
Aviation cases involve the cockpit voice recorder, flight data recorder, engine and component teardowns, ATC tapes and transcripts, weather records, NOTAM (Notice to Airmen) data, maintenance logs, pilot training records, and pilot medical certifications. The National Transportation Safety Board investigates major crashes and produces a probable-cause report, although NTSB findings cannot be admitted in civil litigation under federal law. The investigative work, however, supplies the leads for the civil case. Independent metallurgical and avionics experts examine recovered components.
Yes, under California's wrongful death statute at Code of Civil Procedure section 377.60. Surviving spouses, children, and other heirs can recover loss of financial support, household services, companionship, and burial expenses. The estate's survival action under section 377.30 recovers pre-death damages, including pre-death pain and suffering for cases filed under the AB 35 window. International flight deaths are governed by the Montreal Convention, which provides a strict-liability framework up to a SDR-denominated threshold and additional fault-based liability above it.
The Montreal Convention governs international air carriage between treaty states. Article 17 imposes strict liability on the carrier for death and bodily injury up to the Convention's SDR threshold (approximately $175,000 in 2024). Above that threshold, the carrier remains liable unless it proves the damage was not caused by its negligence. Article 35 sets a two-year limitations period from the date of arrival. The Convention preempts most state-law claims against the carrier, but claims against manufacturers, ground services, and other non-carriers survive.
Product liability claims against the manufacturer, distributor, and retailer of the defective component proceed under California design-defect law. Common targets include engine manufacturers, avionics suppliers, fuel-system providers, and structural component fabricators. Soule v. General Motors provides the consumer-expectation and risk-benefit tests. The General Aviation Revitalization Act of 1994 sets an 18-year statute of repose for component manufacturers, which can bar claims against older aircraft. Preserving the wreckage in its post-crash condition for expert inspection is essential.
Yes, in cases involving malice, oppression, or fraud under Civil Code section 3294 by clear and convincing evidence. Common patterns supporting punitive damages include falsified maintenance records, knowingly defective designs, hidden recalls, and corporate failures to ground unsafe aircraft after pattern incidents. The Montreal Convention generally bars punitive damages on international flights against the carrier, but punitive claims against non-carrier defendants remain available. Federal law limits punitive damages against air traffic controllers and other federal employees through FTCA exclusivity.
Yes, under California negligence and product liability law. General aviation Part 91 operations are subject to the same tort principles as other aviation cases. Liability typically targets the pilot, the aircraft owner if different from the pilot, the maintenance provider, the avionics or engine manufacturer, and any flight school or rental operator. Insurance limits in general aviation are commonly lower than commercial operations, often $1 million to $5 million. Identifying every available policy and stacking household coverage where possible is essential.
Aviation cases are valued through the same elements as other catastrophic-injury and wrongful death cases: past and future medical expenses, lost earnings and earning capacity, pain and suffering, loss of consortium, and funeral expenses in death cases. Catastrophic survivor cases routinely involve life-care plans of $5 million to $20 million, with additional non-economic damages of equal magnitude. Wrongful death cases involving high-earner decedents frequently reach eight figures. The presence of multiple deep-pocket defendants in aviation cases supports higher recoveries than typical motor-vehicle cases.
No, not without consulting counsel. After major crashes, airlines often establish emergency assistance funds that pay immediate expenses such as funeral costs, transportation, and lodging. The releases attached to these funds are sometimes drafted to limit later liability, although Montreal Convention compliance prevents them from waiving the strict-liability minimum. The amounts paid are often significant, but accepting them without legal advice can complicate the broader claim. Proper structuring preserves the family's ability to pursue full damages later.
Burg & Brock handles aviation cases on a contingency fee basis under Business & Professions Code section 6147, meaning no fee unless we recover. Aviation cases involve high case-cost outlays for accident reconstructionists, aviation safety experts, metallurgical engineers, and document review, all advanced by the firm and reimbursed only from any recovery. Initial consultations are free and confidential. The retainer agreement discloses the fee schedule, costs treatment, and settlement-authority structure in writing before representation begins.
| Severity Tier | Typical Injuries | Settlement Range |
|---|---|---|
| Tier 1 — Minor | Soft tissue, brief treatment, full recovery | $50,000 — $250,000 |
| Tier 2 — Moderate | Significant injury, surgery, ongoing limitations | $250,000 — $1,500,000 |
| Tier 3 — Serious | Permanent disability, life-care plan required | $1,500,000 — $7,500,000 |
| Tier 4 — Severe | Catastrophic survivor with full life-care plan | $7,500,000 — $25,000,000 |
| Tier 5 — Wrongful death | High-earner death, multiple heirs | $5,000,000 — $50,000,000+ |
Past results do not guarantee future outcomes. Each case is unique and case results depend on a variety of factors.
Cases filed in Los Angeles County are routed by the location of the incident and the residence of the parties. Most personal injury filings are handled at the Stanley Mosk Courthouse at 111 N. Hill Street, which serves as the central civil hub. West-side incidents may be filed at the Santa Monica Courthouse, while events in the eastern San Fernando Valley typically route to the Van Nuys Courthouse East. South Bay matters proceed at the Torrance Courthouse, and South-Central LA cases are handled at the Compton Courthouse. Long Beach and the surrounding ports route to the Governor George Deukmejian Courthouse. Federal claims, including those involving federal preemption or diversity jurisdiction, are filed in the U.S. District Court for the Central District of California.
This page is reviewed by Cameron Yadidi Brock, founding partner of Burg & Brock, whose catastrophic-injury practice includes aviation accident litigation involving general aviation, helicopter, air ambulance, and commercial operations. Cameron coordinates with aviation safety experts, retired NTSB investigators, metallurgical engineers, and avionics specialists to build aviation cases that survive federal preemption challenges and reach the deep-pocket defendants whose conduct caused the crash.
Cameron Yadidi Brock is admitted in California and verified at Cal Bar #183112. Reviewed by Cameron Yadidi Brock, CA Bar #183112. Last updated: 2026-05-08.
Attorney Advertising. The information on this page is for general educational purposes and is not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee future outcomes.
Injured passengers, surviving family members in wrongful death cases under Code of Civil Procedure section 377.60, and crew members in some circumstances. Cases against commercial carriers, charter operators, and aircraft manufacturers each have different rules and venues.
Federal Aviation Administration regulations under 14 CFR Parts 91 (general aviation), 121 (commercial airlines), and 135 (charter), plus state tort law for negligence. Cases against foreign carriers may be governed by the Montreal Convention with separate damages caps and procedure.
Commercial airline cases routinely exceed $1 million per claimant in fatal crashes because of Montreal Convention recoveries. General aviation and charter cases vary widely. Burg & Brock evaluates each case based on injury severity, conduct of the operator, and available coverage.
Generally two years from the crash under California Code of Civil Procedure section 335.1 for personal injury. International Montreal Convention claims have a two-year deadline (Article 35). Statute of repose may apply to manufacturer claims under federal General Aviation Revitalization Act (GARA).
Possible defendants include the pilot, owner of the aircraft, charter or rental operator, maintenance facility, manufacturer of defective components, fuel provider, and air traffic control. Most cases involve multiple defendants and parallel insurance and product liability claims.
The General Aviation Revitalization Act of 1994 imposes an 18-year statute of repose on claims against general aviation aircraft manufacturers, measured from the date of delivery. Exceptions exist for fraud, written warranty, and emergency medical aircraft. We evaluate the rolling-replacement-part exception in older-aircraft cases.
NTSB takes possession of the wreckage and conducts the official investigation. NTSB reports are admissible only for factual findings, not conclusions. We preserve maintenance logs, the pilot's logbooks, fuel records, weather data, and ATC recordings through formal subpoena.
Same as standard personal injury: medical bills, lost wages, lost earning capacity, pain and suffering, and (in death cases) all wrongful death damages. Punitive damages are available under Civil Code section 3294 if the operator's conduct shows malice or conscious disregard for safety.
Yes. Aviation cases involve FAA regulations, Part 91/121/135 distinctions, NTSB procedure, and specialized aviation insurance markets. Burg & Brock has handled aviation cases in California state and federal court.
Commercial airline coverage runs hundreds of millions. General aviation typically carries $500,000 to $5 million in liability coverage. Charter operators usually have $5 million to $25 million. We pursue all available coverage layers.
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