How can I prove that the airline or the pilot of the airplane was at fault when there are no surviving witnesses to the crash?
Plaintiffs are aided by a legal doctrine known as “res ipsa loquitor” which holds that there will be a presumption of negligence on the part of the airline or pilot if the plaintiff can establish that the accident is of a kind that ordinarily does not occur absent someone’s negligence; the accident was caused by an agency or instrumentality within the defendant’s exclusive control; and, the accident was not due to any voluntary action or contribution of the plaintiff.
Plaintiffs are aided by a legal doctrine known as “res ipsa loquitor” which holds that there will be a presumption of negligence on the part of the airline or pilot if the plaintiff can establish that the accident is of a kind that ordinarily does not occur absent someone’s negligence; the accident was caused by an agency or instrumentality within the defendant’s exclusive control; and, the accident was not due to any voluntary action or contribution of the plaintiff. Almost every airplane crash fits this description; thus, proof in the case shifts to the defendant to prove that it acted reasonably.
