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Dealing With Negligence in Plane-Train Accidents in Florida

In May, one unfortunate victim in Florida died as the result of both a train and plane accident; a passenger riding the tram at Orlando International Airport was propelled through the tram windshield on his way out to a flight. Authorities reported that the tram was in maintenance mode, which causes the trams to automatically brake if not controlled. It was this emergency brake that caused the train to suddenly stop and send the victim through the windshield and falling fifteen feet to the ground.

The accident is further complicated by the report that one of the victim’s friends was operating the tram at the time of the accident, and had received official permission to do so from an employee of the airport. The accident is now under investigation.

Airport Negligence

If you find yourself in a position of having to address an injury (or wrongful death) that has resulted from an airport’s negligence, it is important to be aware of your legal rights. It can get especially complicated when airports are owned and operated by the government.

Even more “minor” incidents can result in negligence claims. Florida state law provides that the person or entity in possession or control of business premises owes a duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of visitors and this includes reasonable efforts to keep the premises free from objects or substances that might foreseeably give rise to loss, injury, or damage. However, the person injured must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. If you have been in a more minor accident (such as a slip and fall), it is crucial that you ensure that an incident form is completed and take photos to document any dangerous conditions associated with your accident.

Federal Aviation Administration Regulations

Aviation litigation can be complex because there is often more than one party liable and one must prove that there was a failure to meet industry standards.

If your injury has involved a violation of FAA regulations, it will be helpful to bring this into your claim for negligence (failure to keep you or a loved one safe while on its premises). The FAA generally sets standards for pilot conduct, aircraft manufacturing, and flight operations. The National Transportation Safety Board is then responsible for investigating civil aircraft accidents and making recommendations to prevent those future accidents from happening again.

Consult an Experienced Personal Injury Attorney

At Mike Walker Law, victims of plane or train accidents and their surviving family members can expect close communication and a case strategy tailored to their personal goals. Attorney Walker has the resources and skills to handle complex matters that must be tried. This approach helps Mr. Walker achieve strong results for his clients — favorable settlements that reflect the true value of cases.

Contact Mike Walker by calling 727-797-2020 or completing the online contact form. Consultations are free and confidential.

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