Kreindler & Kreindler Works to Win Recovery Despite Liability Limitations
Kreindler is an aviation accident litigation leader with vast experience in handling all aircraft accident claims, including military plane and helicopter crashes. In such cases, navigating the legal landscape requires experienced attorneys who understand the intricacies of military aviation law. Aviation crash litigation is quite complex, and the legal options for victims of military aircraft and helicopter crashes could be limited. Although the federal government cannot be sued for damages related to a naval jet crash or an army helicopter accident where the pilot was in active service in any branch of the armed forces, an injured service member or the family of a service member may be able to pursue a claim against a product manufacturer, private contractor or another government entity (such as the FAA).
Federal law in the form of the Government Contractor Defense may also protect contractors providing aircraft, components, or maintenance services to the military against liability.
We have successfully opposed the government contractor defense in a series of cases and obtained recoveries for our clients.
Our firm’s partners include active pilots who served as aviators in the United States Marines, Army, and Navy.
Successful litigation against government and military contractors requires a technical evaluation and investigation of the product. We are thorough in our litigation process and fight to get victims and their families the largest settlements possible.
Our military aircraft exemplar accident case list includes:
V-22 Osprey Stecyk v. Bell Helicopters, Quantico, VA
Navy Super Tucano A-29, New Mexico
Lockheed KC-120 Norwegian Air Force
There are, however, other available claims, such as those permitted under the Military Claims Act, important exceptions to the “government contractor defense.” Kreindler has won many cases against government contractors that supplied defective equipment to our military and have recovered millions of dollars for the families of civilians killed in military mishaps. Kreindler partner Andrew Maloney litigated one of the largest recoveries under the Military Claims Act involving an Air Force plane crash in Dubrovnik, Croatia.
These cases involve outsourced flights under military support contracts with private companies, and Kreindler believes that these private companies should be accountable for negligence that injures or kills U.S. service members or civilians.
In the era of private outsourcing of military functions since the war in Iraq, there has emerged a class of accident scenarios that will support civil tort litigation for personal injury or wrongful death damages and related to military aviation.
Kreindler Defeats Government Contractor Defense v. U.S. Navy
United Technologies and General Electric knew their helicopters might catch fire and crash
The Sikorsky MH-53E crash happened during a routine training mission soon after the helicopter departed the U.S. Navy base outside of Catania in Eastern Sicily. All four crew members on board were killed. The Navy investigation determined the helicopter crashed because of a fire in the number two engine. Kreindler attorneys successfully defeated the government contractor defense and after years of hard-fought, diligent litigation, the cases were settled on terms favorable to the families.
Kreindler Successfully Litigates Appeal in Army Blackhawk Case
The 2nd U.S. Circuit Court of Appeals in NY upholds $22.9 million jury verdict
Kreindler successfully litigated the post-trial motions and appeal in a product liability lawsuit filed by survivors and family members of U.S. Army soldiers killed in a 1993 crash of a Blackhawk helicopter at the U.S. Army base in Wiesbaden, Germany. Kreindler partner and former U.S. Army helicopter pilot Brian Alexander handled the matter.
Aircraft Ejection Seat Failure
We represented the family of the commander of the elite Air Force Thunderbirds. He was killed when forced to eject from his fighter jet at low altitude. We demonstrated that the seat latch was improperly designed and obtained a favorable settlement from the manufacturer despite the government contractor defense.
Helicopter Crashes & Main Driveshaft Failure
We represented the families of five servicemen killed in two separate military helicopter crashes. We successfully reversed the lower court’s ruling on the government contractor defense by demonstrating that the manufacturer failed to meet its burden of establishing government approval of reasonably precise specifications for the helicopter’s main driveshaft.
Military Aircraft Accident Cases Demand Experience
Given the complexity of the statutory, contractual, and evidentiary considerations that bear upon the right to civil damages in a military helicopter accident, it is important to discuss your legal options with an experienced aviation attorney.
Here are some examples of the circumstances we look for to support civil litigation rights in military aviation accidents:
Contract to transport military personnel from a stateside training base to an in-country operations area, or between bases in theater.
Negligent maintenance of a private plane used by private contractors.
Defective components in a private plane or helicopter used in outsourced military support operations.
Negligent maintenance of a military aircraft by a government contractor.
If the aircraft is owned by a private corporation, flown by civilian pilots, and operated under short-term contracts specific to a particular mission or sequence of missions, Kreindler attorneys may then have the opportunity to show how your case should go forward despite any general rules of litigation immunity for military aviation accidents.
In many of our helicopter and military aircraft accident cases, it is noteworthy that our firm’s investigations were able to uncover the true cause or contributing factors to a crash, especially when official government investigations either failed to do so or were mistaken in their conclusions. In addition, while most of the settlements are confidential, several of our cases have resulted in the highest plaintiffs’ recoveries on record.
If you are seeking advice related to a catastrophic or fatal injury associated with a military flight mission by private contractors, we can help. We will provide a legal opinion on the viability of your potential claim.
Successful litigation against government and military contractors requires a technical evaluation and investigation of the product. We are thorough in our litigation process and fight to get victims and their families the largest settlements possible.
