Advances in aviation technology have certainly improved airplanes, flight equipment design, and aircraft operations. Despite recent disasters involving passenger jets, such as Malaysia Airlines Flight 370, Malaysia Airlines 17, AirAsia Flight 8501 and Germanwings Flight 9525, air travel is still one of the safest modes of transport. Statistically, passengers boarding a plane have a 99.99 percent chance of surviving the flight. However, accidents still happen, the majority caused by pilot error, mechanical failure, and weather-related issues.
Our Hamilton aviation accident lawyers represent aviation accident victims, including pilots, passengers and staff, in Canada and abroad. If you have been catastrophically injured, suffered serious physical injuries or in-flight bodily injury, or have lost a loved one in an aviation accident, we can help. We represent accident victims critically hurt in actions involving the Military, the National Department of Defence, commercial airlines, small plane owners, and accidents occurring in hot air balloons, private planes and helicopters.
Our Hamilton aviation accident lawyers represent serious injury and wrongful death claims against domestic carriers and deal with accidents that happen within Canadian airspace. The National Observer recently reported that there were 232 aviation accidents inside or outside Canada involving Canadian-registered aircraft in 2017, according to TSB’s annual statistics. Further, there were 921 reported “incidents,” which the safety board defines as anything from engine failure to system malfunctions, onboard fires, crew member incapacity, depressurization, fuel shortages and the like. It has also been reported that approximately 75 to 98 percent of aviation accidents can be attributed to human error, depending on the aviation sector. For example, smaller planes and helicopters, as well as non-commercial aircraft, are on the higher end of the spectrum for pilot error.
Other causes of plane crashes within Canada include mechanical failure, overload, poor maintenance, negligent airline instruction and operation, faulty equipment, violation of Transport Canada regulations, improper de-icing, etc. We can assist with domestic claims involving:
We also represent Canadians who have been seriously hurt or who have lost their lives in major aviation disasters outside of Canada. Accidents rarely happen, but when they do, the consequences are often catastrophic. Our Hamilton trial lawyers have the experience and ability to represent aviation accident victims and passengers no matter where the accident occurred.
We can assist with all types of aviation accident litigation, including claims involving international carriage under the Montreal and Warsaw Conventions, mid-air collisions, cases involving the negligence of airline management, co-pilot, pilots, aviation crew, aviation maintenance workers, air traffic control as well as the failures of complex aircraft components.
We can assist with international aviation disasters involving:
The Montreal Convention was adopted in 1999, ratified by Canada in 2002, and became part of federal law through its incorporation as Schedule VI to the Carriage by Air Act, RSC 1985, c C-26.
The Montreal Convention applies to most international carriage by air of persons, baggage or cargo.
The Montreal provides exclusive recourse against airlines for claims arising in the course of international carriage by air. It is a treaty concerning the victims of international aviation disasters. Under the terms of this treaty, airlines could be held responsible for anyone who is injured because of an unexpected occurrence during the course of an international flight. It is important to know and understand that passengers on international flights subject to the Montreal Convention cannot claim damages against an airline for moral or psychological injury that are not rooted in physical injury or bodily harm, nor does the treaty permit an award of damages for breach of language rights during international carriage by air. Punitive, exemplary or any other non-compensatory damages shall not be recoverable under the treaty.
In December 2017, a Hydro One helicopter near Tweed, Ontario, crashed while working on power lines. The cause of the helicopter accident was stated to be an improperly secured bag on the outside of the helicopter that came loose and struck the tail rotor of the helicopter.
In Fond-du-Law, Saskatchewan, an airplane belonging to West Wind Aviation crashed shortly after take-off. Out of the 25 passengers, many were hurt, and 1 person died.
In September 2017, a Helicopter belonging to Herlihy Helicopters Inc. crashed outside of New Jersey, killing country star Troy Gentry.
In May 2017, a Learjet belonging to A&C Big Sky Aviation crashed while approaching Teterboro Airport. The plane crashed short of the runway, killing two aboard.
On 13 February 2017, a Tecnam P2006T twin-engine aircraft lost control and collided with terrain 32 nautical miles northwest of Calgary/Springbank Airport. It was a post-impact fire, and the aircraft was destroyed. Both occupants were fatally injured.
On July 17, 2014, Malaysia Airlines Flight 17, a Boeing 777-200ER, flying to Kuala Lumpur with 298 people on board, was shot down in an area of Eastern Ukraine near the Ukraine/Russian border during an armed conflict between Ukrainian army and pro-Russian separatists. There were 283 passengers, including 3 infants, and 15 crew members on board MH17. No one survived.
On October 31, 2015, Metrojet Flight 9268, an Airbus A321-231, crashed in the Sinai Peninsula after departing from Egypt All 217 passengers and 7 crewmembers were killed. The Islamic State of Iraq claimed responsibility for bringing down the jet, and a Russian investigation concluded that a bomb was detonated inside the plane at a high altitude.
In March 2015, a Germanwings Airbus A320 crashed 100km North of Nice in the French Alps, killing all 144 passengers and six crew members. The reported reasons were horrifying – Andreas Lubitz, who had previously been treated for suicidal tendencies and declared “unfit to work” by his doctor, locked out the crew and descended the plane into a mountain.
In August of 2011, Air Flight 6560 lammed into a hillside in the Canadian High Arctic, killing 12 of the 15 people aboard. Major pilot errors were to blame, including starting a decent too late, pilot miscommunication as well and a captain who accidentally turned off the auto-pilot.
Major airlines and aviation manufacturers pressure survivors to swiftly settle claims away from the public eye. We know that public safety and our client’s rights are better served by preparing every case for trial. If you or a loved one has been critically hurt, suffered catastrophic injuries or killed in an aviation crash or aviation disaster, please call our Hamilton aviation lawyers at (905) 333-8888 or fill in a contact form. We will get back to you within 24 hours.
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