Legal Experts Say Lawsuits against Comair Sure to Come

By Thomas Hall

Published on August 30, 2006

Flight 5191, bound for Atlanta, plunged into a field shortly after takeoff, killing 49 passengers and crew. The plane’s first officer was the sole survivor of the crash. He is currently in critical condition at a Kentucky hospital.

The commuter jet took off from a general aviation runway intended for smaller planes, not large commercial jets. Investigators are currently looking into why the pilots used the shorter runway, as well as what was happening in the control tower at the time of takeoff. A recent alteration to a taxiway at the airport is also being investigated.

University of Kentucky law professor Mary Davis said air carriers have a higher legal obligation because passengers entrust their lives to them. She said that where plane crashes are concerned, it’s not difficult to prove that the standard of care wasn’t met.

Experts say Delta Airlines’ bankruptcy filing last year won’t protect it from lawsuits, and the amount of liability insurance the airline carries will likely factor in the results of any litigation.

Kentucky Attorney General Greg Stumbo says federal law shields family members from unsolicited attorney contact for a 45-day period following a plane crash. The statute of limitations for these types of cases is up to two years.

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