Macedon, NY asked in Civil Litigation, Gov & Administrative Law and Personal Injury for New York

Q: Can Newark airport crash victims sue due to poor equipment?

In the last month, there have been at least four incidents involving airport crashes in and around Newark. These incidents resulted in deaths and injuries, and ongoing investigations have identified issues with air traffic controllers and outdated or poorly maintained equipment. The FAA is conducting these investigations, and given the admitted equipment issues and professional standards that should be met, can victims sue the airport either individually or as part of a class action?

2 Lawyer Answers
Stephen Bilkis
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A: Victims of airport crashes at Newark Airport may have the right to pursue legal action if they can show that their injuries resulted from negligence. In New York, and in neighboring New Jersey where Newark Airport is located, negligence occurs when a party breaches a duty of care, and that breach directly causes harm. If the crashes were caused by outdated or poorly maintained equipment, as suggested, or by air traffic controller errors, this could support claims of negligence against the responsible parties.

The first step for victims would be to identify the entities that may be liable. In the case of an airport, this could include the Port Authority of New York and New Jersey, which manages Newark Airport, as well as private contractors responsible for equipment maintenance. If air traffic controllers were involved, the Federal Aviation Administration (FAA) may also have liability, but suing a federal agency involves additional legal challenges under the Federal Tort Claims Act (FTCA). Victims seeking to sue the FAA must follow specific procedures, including filing an administrative claim before pursuing a lawsuit.

If multiple victims are involved and their injuries resulted from similar causes, such as defective equipment or systemic failures, they may consider pursuing a class action lawsuit. A class action allows a group of plaintiffs with similar claims to consolidate their cases, making it more efficient and cost-effective. However, to pursue a class action, the victims must show that their claims share common legal and factual issues and that a class action is the best way to resolve the dispute.

For victims who prefer to sue individually, they may bring personal injury claims based on negligence, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages. To succeed, they must provide evidence that negligence occurred, such as maintenance records, internal communications about equipment conditions, or findings from the FAA investigation.

Victims should act promptly, as personal injury claims are subject to a statute of limitations, which is generally three years in New York and two years in New Jersey. Claims against government entities may have even shorter deadlines and require compliance with specific notice requirements.

Given the complexity of pursuing claims involving an airport and potential federal involvement, victims should strongly consider consulting with an experienced personal injury attorney who can help them evaluate their options and take appropriate legal action.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York or New Jersey.

James L. Arrasmith
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Answered

A: vYes, crash victims or their families may be able to sue if it's shown that negligence played a role in the incidents. If outdated or poorly maintained equipment contributed to the accidents, and those responsible for maintaining it failed to meet expected safety standards, that could form the basis of a legal claim. This applies whether the issue was with airport management, maintenance contractors, or federal agencies overseeing air traffic systems.

Lawsuits could be filed individually, or in some cases, victims may join together in a class action if the harm they suffered stems from the same root cause. However, suing government-related entities like the FAA can be complex and may require going through special legal processes or facing immunity limitations. That said, if third-party contractors or airport authorities separate from federal control were at fault, the path to a civil suit might be more direct.

The key will be what the investigations reveal and whether the findings point to preventable failure. Victims and families should gather any available records—such as incident reports, communications, or witness statements—and consider reaching out to legal counsel experienced in aviation law. These cases take time and care, but if there was avoidable error or neglect, justice is worth pursuing.

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