Airline Accidents: Those Responsible and Those Entitled to Compensation - Essay Example

Airline Accidents: Those Responsible and Those En d to Compensation Airline accident is also known as aviation accident. Airline accidents refer to occurrences that are associated with aircrafts operations and take place between the time persons board the aircraft with the purpose of flight and the moment all such people have disembarked. In such cases people die or are seriously or fatally injured; the aircraft involved sustains structural failure or damage or it is completely inaccessible. Aviation history shows that the first airline accident occurred in Virginia, USA, involving the Wright Model A aircraft, on September 17, 1908, and it resulted in the death of one passenger and the injury of the pilot. Since then, numerous airline accidents have been witnessed across the world. The major airline disasters include the following; airline accident involving JAL (Japan Airlines Flight) Flight 123 in 1985 in which 520 people died, and Tenerife disaster on March 27, 1977 in which 583 people died. The major airline accident that had fatalities in both the ground and in the aircraft is the September 11 terror attacks where 2936 people died (Air Disaster). Air travel is one of the fastest and safest means of transportation in the world. In fact, the number of accidents and deaths caused in the aviation industry is much lower than the number in other major means of transport, such as road transport. It is an important means of transport as it enables people and cargo reach destination much faster and easier considering that some other means of transport may be limited by factors that affect their accessibility to certain destinations. However, even though it is considered the safest, it is also considered to cause more fatalities in an event of accident compared to other means of transport. According to statistics by Aircraft Crashes Record Office (ACRO), a Geneva-based organization that compiles statistics relating to Airline accidents, the statistics on accidents is not as bad but there is need to improve safety and reduce accidents. It is worth noting that over the years, the number of airline accidents have been reducing gradually, with year 2009 and 2010 registering fewer accidents (Aircraft Crashes Record Office {ACRO}). This discussion is based upon these facts; it will discuss airline accidents, those responsible, and those entitled to compensation in an event of accidents. In nearly if not all cases, those in flight and particularly the pilots and cabin crew intend and ensure that the possibility of airline accident to occur is non-existent. However, sometimes accidents occur due to various factors some of which can be attributed to the aircraft, the pilots or to external circumstances, such as bad weather. Overall, in an event of accident there must be some people or factors responsible for it. Therefore, who is legally responsible for airline accidents? The responsibility of airline accident varies depending on the accident’s cause(s). The manufacturer or maintenance suppliers may be liable in some circumstances. In addition, the operator or the owner of the aircraft might be liable. Moreover, the aviation agencies may be held responsible for airline accidents. Airline accident can be caused by human error or negligence. As such, the accident’s responsibility lies with the operator or the owner of the aircraft. For instance, investigation concluded that Captain Van Zanten mainly caused the Tenerife accident because he took off without the clearance to takeoff. The investigation suggested that captain's mistake was because he wanted to leave quickly in order to comply with duty-time regulations of KLM (Air Accidents). In such a case, the responsibility lies squarely with the owner or the operator of the aircraft because the accident is caused by their failure to adhere to aviation industry safety regulation (Dismukes, Berman & Loukopoulos 3). In addition, maintenance suppliers or manufacturer may be liable for accident; the aircraft might not have achieved the highest standard during its manufacturing due to omission of necessary equipment or installation of faulty equipment that may lead to accident. Those maintaining the aircraft may also fail to ensure that the aircraft is in the right condition to fly. It is without doubt that mechanical failures and/or faulty aircraft equipment are common causes of airline accidents, since the efficiency of the aircraft is usually compromised. It is for this reason that the maintenance suppliers and manufacturers of aircrafts are usually held responsible for accidents that are caused by flawed structural design of the aircraft or poor maintenance which result to accidents. Besides, the aviation agencies may be held liable for airline accidents. Agencies such as the Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) are responsible for monitoring air transport and investigation of airline accidents. They have to formulate and regulate safety measures and standards for airplane manufacturers, pilot conduct, and flight operation. Therefore, any negligence on their part may cause accidents resulting in them being held responsible (National Transportation Safety Board (NTSB). Airline accidents usually result in significant losses for persons and companies involved; the losses include death, injuries, aircraft damages, and loss to the surroundings in which the accident occurred. That compensation is necessary because of such losses. Those bearing the responsibility of the accidents are the ones to compensate those affected by it. However, those held responsible may be totally or partially exonerated of their liability in case it is proven that the accident or the damages were caused by the omission, negligence, or any unlawful action of those affected by the accident (Air Disaster). It is also worth pointing out that there is no specific financial limit established for liability in an event of accidents; the compensation usually vary depending on a variety of factors such as the age of the person affected and the cause of the accident among others. Compensation criteria are also determined by the aviation laws, such as Commonwealth legislation, particular state’s regulations and legislation, and International Conventions, regarding aviation. Each person or each person’s family affected by the airline accident is entitled to compensation. The aforementioned aviation laws and factors will determine the compensation limit. Previous compensation trends have indicated that the following persons are mostly entitled to compensation in case of airline accidents; injured crew, injured passengers, injured bystanders, or the immediate surviving defendants of deceased accidents victims of the aircraft. Additionally, an individual is entitled to compensation for injuries that have been caused by airline accidents in the following circumstances: slip and fall, accidents that involves depressurization and loose objects that fall from the overhead locker, plane collisions and crash. It is important to note that most aviation laws have imposed strict liability to those responsible for airline accidents to compensate those affected without necessarily proving the responsibility on the part of the airline, its crew, manufacturer, or maintenance team company (Flight Safety Foundation). In conclusion, it is evident that even though air travel is considered one of the safest, airline accidents are bound to happen at certain times. As has been noted, there are those who are responsible for the accidents depending on the cause of the accident. In addition, due to losses incurred because of the accident, compensation often proves necessary. However, it is important to highlight that despite the fact that airline accident is inevitable in some cases, it is avoidable. Aviation safety should be emphasized and all laws and regulations relating to it implemented to the fullest extent. Airline players should install safety devices in the airlines in addition to providing safety education and raising safety awareness of crew, regulators, and passengers; this will go a long way in reducing if not eliminating airline accidents. Works Cited Aircraft Crashes Record Office (ACRO). 2011. Web. 27 Nov. 2011. “Air Disaster”. Investigations. 2011. Web. 27 Nov. 2011. Dismukes, Key, Berman, Benjamin, and Loukopoulos, Loukia. The Limits of Expertise: Rethinking Pilot Error and the Causes of Airline Accidents. Ashgate, 2006. Print. “Flight Safety Foundation”. Aviation Safety Network. 2011. Web. 27 Nov. 2011. “National Transportation Safety Board (NTSB)”. NTSB Advisory. 2005. Web. 27 Nov. 2011. Read More