AVIATION ACCIDENT INJURY COMPLAINT

[UNITED STATES DISTRICT COURT / STATE COURT]

[________________] DISTRICT/CIRCUIT OF [________________]

CASE INFORMATION

Case Number: [________________________________]

Judge Assigned: [________________________________]

PARTIES

PLAINTIFF(S):

Plaintiff 1:
Name: [________________________________]
Address: [________________________________]
City: [________________] State: [____] Zip: [__________]
Relationship to Decedent (if wrongful death): [________________________________]

Plaintiff 2 (if applicable):
Name: [________________________________]
Address: [________________________________]
City: [________________] State: [____] Zip: [__________]

Plaintiff's Attorney:
Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
City: [________________] State: [____] Zip: [__________]
Phone: [________________________________]
Email: [________________________________]
Bar Number: [________________________________]

DEFENDANT(S):

Defendant 1 - Air Carrier/Operator:
Name: [________________________________]
Principal Place of Business: [________________________________]
Agent for Service: [________________________________]
Role: ☐ Air Carrier ☐ Aircraft Owner ☐ Aircraft Operator ☐ Charter Company

Defendant 2 - Aircraft Manufacturer (if applicable):
Name: [________________________________]
Principal Place of Business: [________________________________]
Agent for Service: [________________________________]

Defendant 3 - Component Manufacturer (if applicable):
Name: [________________________________]
Principal Place of Business: [________________________________]
Component at Issue: [________________________________]

Defendant 4 - Maintenance Provider (if applicable):
Name: [________________________________]
Principal Place of Business: [________________________________]
FAA Repair Station Certificate: [________________________________]

Defendant 5 - Pilot/Crew (if applicable):
Name: [________________________________]
Address: [________________________________]
Certificate Number: [________________________________]

COMPLAINT

I. INTRODUCTION

1. This is an action for damages arising from an aviation accident that occurred on [__/__/____], involving [________________________________] (aircraft type/registration), resulting in [☐ personal injuries to / ☐ wrongful death of] Plaintiff [________________________________].

II. JURISDICTION AND VENUE

2. Federal Jurisdiction (if applicable):

☐ This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 (diversity of citizenship). Plaintiff is a citizen of [________________] and Defendant(s) is/are citizen(s) of [________________]. The amount in controversy exceeds $75,000, exclusive of interest and costs.

☐ This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question). This action arises under [________________________________].

☐ This Court has jurisdiction pursuant to the Montreal Convention Article 33, as the accident occurred on an international flight and [venue provision met].

3. Venue is proper in this district pursuant to:

☐ 28 U.S.C. § 1391(b)(2) - A substantial part of the events giving rise to the claim occurred in this district.

☐ Montreal Convention Article 33 - [Fifth jurisdiction/domicile provisions].

☐ Other: [________________________________]

III. APPLICABLE LEGAL FRAMEWORK

Select Applicable Framework:

☐ Montreal Convention - International flight between signatory nations
- Point of departure: [________________________________]
- Point of destination: [________________________________]
- Strict liability up to 151,880 SDRs (approximately $207,700)
- Unlimited liability with proof of carrier fault
- Two-year statute of limitations

☐ Warsaw Convention - Legacy international framework (pre-Montreal)
- Limited liability provisions may apply
- Strict procedural requirements

☐ State Tort Law - Domestic general aviation accident
- State: [________________]
- Statute of limitations: [________________________________]

☐ General Maritime Law - Accident over navigable waters
- Applicable maritime principles

☐ Federal Tort Claims Act - Government aircraft involved
- Administrative claim prerequisite: ☐ Filed ☐ Denied

☐ Death on the High Seas Act - Fatal accident over international waters

IV. FACTUAL ALLEGATIONS

A. The Aircraft

4. The aircraft involved in this accident was a [________________________________] (make/model), bearing FAA Registration Number N[________________], Serial Number [________________________________].

5. The aircraft was manufactured by Defendant [________________________________] in [________] (year).

6. At the time of the accident, the aircraft was:
   ☐ Owned by [________________________________]
   ☐ Operated by [________________________________]
   ☐ Leased to [________________________________]

7. The aircraft held Airworthiness Certificate Number [________________], issued [__/__/____].

B. The Flight

8. On [__/__/____], the aircraft departed from [________________________________] (departure airport) bound for [________________________________] (destination airport).

9. The flight was:
   ☐ A scheduled commercial flight (Flight Number [________])
   ☐ A charter flight
   ☐ A private flight
   ☐ A flight training operation
   ☐ Other: [________________________________]

10. Plaintiff [________________________________] was:
    ☐ A passenger aboard the aircraft
    ☐ A crew member aboard the aircraft
    ☐ A person on the ground
    ☐ An employee of [________________________________]
    ☐ Other: [________________________________]

C. The Accident

11. At approximately [________] local time, while the aircraft was [________________________________] (phase of flight), [describe the accident]:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

12. The accident occurred at/near: [________________________________]
    GPS Coordinates (if known): [________________________________]

13. Weather conditions at the time of the accident were: [________________________________]

14. The NTSB has:
    ☐ Opened an investigation (NTSB Number: [________________])
    ☐ Issued a preliminary report dated [__/__/____]
    ☐ Issued a final report dated [__/__/____]
    ☐ Not yet completed its investigation

15. The FAA has:
    ☐ Issued enforcement action related to this accident
    ☐ Issued Airworthiness Directives related to this accident
    ☐ Not taken action at this time

D. Injuries and Damages

16. As a result of the accident, Plaintiff suffered the following injuries:

☐ Fatal injuries resulting in death on [__/__/____]
☐ Serious bodily injuries including: [________________________________]
☐ Traumatic brain injury
☐ Spinal cord injury
☐ Burns
☐ Fractures to: [________________________________]
☐ Internal injuries to: [________________________________]
☐ Other injuries: [________________________________]

17. Plaintiff has incurred and will continue to incur the following damages:

V. CAUSES OF ACTION

COUNT I: NEGLIGENCE (Against All Defendants)

18. Plaintiff incorporates by reference all preceding paragraphs.

19. Defendants owed Plaintiff a duty of care to operate, maintain, manufacture, and/or service the aircraft in a safe and prudent manner consistent with applicable standards and regulations.

20. Defendants breached this duty by:

☐ Negligent operation of the aircraft by the pilot/crew
☐ Negligent maintenance of the aircraft
☐ Failure to comply with Airworthiness Directives
☐ Failure to properly train crew members
☐ Negligent design of the aircraft/component
☐ Negligent manufacturing of the aircraft/component
☐ Failure to warn of known defects
☐ Other: [________________________________]

21. As a direct and proximate result of Defendants' negligence, Plaintiff suffered injuries and damages as described above.

COUNT II: STRICT LIABILITY UNDER MONTREAL CONVENTION (Against Air Carrier)

(If international flight)

22. Plaintiff incorporates by reference all preceding paragraphs.

23. This flight was an "international carriage" within the meaning of Article 1 of the Montreal Convention.

24. Plaintiff suffered bodily injury as defined by the Montreal Convention.

25. The injury was caused by an "accident" as that term is defined under the Convention—an unexpected or unusual event or happening that was external to Plaintiff.

26. The accident took place on board the aircraft during the course of the flight [or during embarking/disembarking operations].

27. Pursuant to Article 17 of the Montreal Convention, Defendant air carrier is strictly liable for Plaintiff's damages up to 151,880 SDRs.

28. Alternatively/Additionally, Defendant carrier is liable for damages exceeding 151,880 SDRs because Defendant failed to establish that:
    ☐ The damage was not due to the negligence or wrongful act or omission of the carrier; or
    ☐ The damage was solely due to the negligence or wrongful act or omission of a third party.

COUNT III: PRODUCTS LIABILITY - DESIGN DEFECT (Against Manufacturer Defendants)

29. Plaintiff incorporates by reference all preceding paragraphs.

30. Defendant [________________________________] designed and/or manufactured the aircraft/component that caused or contributed to Plaintiff's injuries.

31. The aircraft/component contained a design defect that rendered it unreasonably dangerous for its intended use.

32. The defect existed at the time the aircraft/component left Defendant's control.

33. The defect was a proximate cause of the accident and Plaintiff's injuries.

34. Specifically, the design defect consisted of: [________________________________]

COUNT IV: PRODUCTS LIABILITY - MANUFACTURING DEFECT (Against Manufacturer Defendants)

35. Plaintiff incorporates by reference all preceding paragraphs.

36. The aircraft/component deviated from its intended design specifications in a manner that rendered it unreasonably dangerous.

37. The manufacturing defect consisted of: [________________________________]

38. The defect was a proximate cause of Plaintiff's injuries.

COUNT V: PRODUCTS LIABILITY - FAILURE TO WARN (Against Manufacturer Defendants)

39. Plaintiff incorporates by reference all preceding paragraphs.

40. Defendant knew or should have known of dangers associated with the aircraft/component.

41. Defendant failed to provide adequate warnings or instructions regarding these dangers.

42. Proper warnings would have prevented or mitigated Plaintiff's injuries.

COUNT VI: BREACH OF WARRANTY (Against Manufacturer/Seller Defendants)

43. Plaintiff incorporates by reference all preceding paragraphs.

44. Defendants made express and/or implied warranties regarding the aircraft/component.

45. The aircraft/component failed to conform to these warranties.

46. Plaintiff's injuries were caused by this breach of warranty.

COUNT VII: WRONGFUL DEATH (If Applicable)

47. Plaintiff incorporates by reference all preceding paragraphs.

48. As a direct and proximate result of Defendants' conduct, [Decedent Name] died on [__/__/____].

49. Plaintiff brings this action as [☐ personal representative / ☐ surviving spouse / ☐ surviving child / ☐ surviving parent] of the decedent.

50. Plaintiff seeks damages for:
    ☐ Loss of support and services
    ☐ Loss of companionship and consortium
    ☐ Mental anguish and grief
    ☐ Funeral and burial expenses
    ☐ Medical expenses incurred before death
    ☐ Decedent's pain and suffering before death
    ☐ Punitive damages (if applicable)

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Enter judgment in favor of Plaintiff and against Defendants;

B. Award compensatory damages in an amount to be proven at trial, including but not limited to:
- Past and future medical expenses
- Past and future lost wages and earning capacity
- Pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Funeral and burial expenses (if applicable)

C. Award punitive damages against Defendants in an amount sufficient to punish and deter similar conduct;

D. Award pre-judgment and post-judgment interest at the maximum legal rate;

E. Award costs of suit and reasonable attorneys' fees;

F. Grant such other and further relief as the Court deems just and proper.

VII. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable.

VERIFICATION

I, [________________________________], declare under penalty of perjury that I have read the foregoing Complaint, and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Date: [__/__/____]

ATTORNEY CERTIFICATION

I certify that to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the factual contentions have evidentiary support and the legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law.

Attorney Signature: [________________________________]

Printed Name: [________________________________]

Bar Number: [________________________________]

Date: [__/__/____]

IMPORTANT DEADLINES

Montreal Convention: Two (2) years from date of arrival or scheduled arrival

State Tort Claims: Varies by state - typically 2-3 years

Federal Tort Claims Act: Administrative claim within 2 years; lawsuit within 6 months of denial

General Aviation Revitalization Act (GARA): 18-year statute of repose for general aviation aircraft (with exceptions)

This template is for informational purposes only and does not constitute legal advice. Aviation accident litigation is highly specialized and involves complex procedural and substantive requirements. Immediate consultation with an experienced aviation attorney is essential.