When a helicopter crash results in a personal injury or wrongful death lawsuit, the defense will often use various legal arguments to try and reduce or eliminate their liability. Aviation accident cases are complex, and defendants—including pilots, manufacturers, maintenance providers, and helicopter operators—frequently rely on specific legal strategies to challenge claims made by victims or their families. Understanding these defenses can help victims anticipate challenges in their case and work with legal counsel to counter them effectively.
1. Assumption of Risk
One of the most commonly used defenses in helicopter crash cases is the assumption of risk argument. The defense may claim that the passenger voluntarily accepted the dangers of helicopter travel and, therefore, cannot hold others liable for an accident. This defense is often raised in cases involving recreational flights, aerial tours, or helicopter sports activities. However, it is not always successful, particularly if negligence or equipment failure played a role in the crash.
2. Pilot Error as the Sole Cause
If a crash is attributed to pilot error, other potentially responsible parties—such as the helicopter manufacturer, maintenance provider, or operator—may argue that they should not be held liable. They may claim that the pilot’s failure to follow proper procedures was the direct cause of the crash. While pilot error is a leading cause of helicopter accidents, determining whether other factors, such as mechanical issues or inadequate training, contributed to the incident requires a thorough investigation.
3. Mechanical Failure as an Unforeseeable Event
Manufacturers and maintenance providers may attempt to avoid liability by arguing that a mechanical failure was unforeseeable and could not have been prevented with reasonable care. This is particularly common when a part malfunctions unexpectedly. However, aviation accident investigations often reveal whether the failure was due to a design defect, improper maintenance, or failure to follow safety protocols.
4. Comparative or Contributory Negligence
In some cases, the defense may argue that the victim contributed to their own injuries. If the pilot or passenger was engaging in reckless behavior—such as exceeding weight limits, ignoring safety instructions, or operating under the influence—the defense may claim that their actions played a role in the accident. In states that follow comparative negligence laws, the victim’s compensation may be reduced based on their percentage of fault.
5. Weather-Related Defenses
Helicopter operators or pilots may argue that severe weather conditions were to blame for a crash. Poor visibility, high winds, and sudden storms can contribute to helicopter accidents. While weather can be an uncontrollable factor, pilots and operators have a duty to monitor forecasts and make safe flight decisions. If a flight proceeded in dangerous weather conditions without proper precautions, the weather defense may not hold up in court.
6. Government Immunity
If the helicopter was operated by a government agency—such as law enforcement or a military branch—the defense may attempt to invoke sovereign immunity, which can limit or prevent lawsuits against the government. However, exceptions exist, particularly in cases where negligence can be demonstrated. Victims pursuing claims against government-operated helicopters often face additional legal hurdles and procedural requirements.
7. Lack of Sufficient Evidence
Defendants in helicopter crash lawsuits may argue that the plaintiff has not provided enough evidence to prove negligence or liability. Since aviation accidents involve complex technical and legal issues, expert testimony and detailed accident reconstructions are often necessary to build a strong case. This defense underscores the importance of gathering comprehensive evidence early in the legal process.
Conclusion
Helicopter crash lawsuits often involve aggressive defense strategies aimed at reducing liability for pilots, manufacturers, operators, and other involved parties. Victims and their families should be prepared for these legal arguments and work with knowledgeable attorneys who can challenge these defenses effectively. Investigations, expert analysis, and a thorough understanding of aviation law are crucial in countering these claims and pursuing rightful compensation.
For guidance on helicopter crash lawsuits, contact Spagnoletti Law Firm at 713-804-9306 for a consultation.