San Jose Aviation Accident Attorney

Attorney Michael Rehm — (800) 978-0754

Aviation Accidents at San Jose International and Reid-Hillview Airports

San Jose International Airport (SJC), operated by the City of San Jose, is the primary commercial airport serving Santa Clara County and the South Bay. Reid-Hillview Airport of Santa Clara County (RHV), operated by the County of Santa Clara, is a general aviation reliever airport approximately five miles southeast. Together they serve a dense aviation market that includes commercial airlines, corporate aviation, flight training, and helicopter operations. Approach and departure sequencing for SJC is managed by Northern California Terminal Radar Approach Control (NorCal TRACON). The NTSB has investigated twelve fatal accidents in the San Jose area since 1982, with twenty-three fatalities, and twelve serious-injury accidents.

Attorney Michael Rehm represents people injured in aviation accidents at San Jose International Airport, Reid-Hillview Airport, and throughout Santa Clara County. The cases involve product defects, air traffic control errors, maintenance failures, and pilot negligence — each tracked by the NTSB record at these airports.

NTSB Accident Record at San Jose Area Airports

The following is drawn from the NTSB's CAROL accident database and represents historical investigation records only.

In December 1995, a Piper PA-31-350 crashed near SJC, killing two people (NTSB Accident Report No. LAX96FA078). The NTSB found a primary cause was the failure of the air traffic controller to comply with instructions contained in the Air Traffic Control Handbook. This places the claim squarely under the Federal Tort Claims Act — a federal employee operating within the scope of employment caused a fatal accident. In October 1999, a McDonnell Douglas 500N helicopter crashed near San Jose after the NTSB found the in-flight loss of control resulted from the failure and separation of the forward thruster control cable telescoping joint (LAX00GA025), killing two. This is a product defect claim against the manufacturer. A March 2002 Cessna 425 crashed after the NTSB found the pilot's loss of control caused the design stress limits of the aircraft to be exceeded (LAX02FA101), killing three. An April 2009 Champion 7ECA crash in a canyon killed two after the NTSB found the pilot failed to maintain airspeed while maneuvering at low altitude (WPR09FA200).

Among serious-injury accidents, the October 2018 Southwest Airlines Boeing 737 at SJC (DCA19CA006) resulted in one serious injury when a passenger fell while returning to her seat — a claim against a common carrier for failure to maintain a safe cabin environment. A November 2017 Cessna 172P operated by Squadron 2 flight school resulted in two serious injuries after the NTSB found the pilot delayed the decision to execute an emergency landing (WPR18LA034). A December 2014 Southwest Boeing 737 at SJC (DCA15CA050) sustained a serious injury to a passenger during an inadvertent encounter with convective turbulence on descent.

Liability at San Jose Area Airports

Air Traffic Control at SJC

San Jose International is a federally towered airport. The December 1995 accident (LAX96FA078) — in which the NTSB found an ATC handbook violation caused a fatal crash — is the clearest example in the South Bay NTSB record of federal employee liability. Claims for ATC error at SJC are brought under the Federal Tort Claims Act (28 U.S.C. § 1346(b)). An administrative claim must be filed with the FAA within two years of the accident under 28 U.S.C. § 2401(b). The government may raise the discretionary function exception, but failures to follow mandatory ATC handbook procedures are not discretionary.

Aircraft Manufacturer Product Liability

The October 1999 helicopter accident (LAX00GA025) — in which the NTSB found a telescoping joint failure in the forward thruster control cable caused in-flight loss of control — is a product liability claim. When a mechanical component fails in a way that takes control away from the pilot, the manufacturer's design and manufacturing decisions are directly at issue. California product liability law imposes strict liability for defective products that cause injury, and the helicopter manufacturer bears that exposure regardless of pilot conduct. Manufacturers of general aviation aircraft older than eighteen years may assert the General Aviation Revitalization Act (GARA) as a defense to product liability claims; whether the defense applies and whether an exception defeats it requires case-specific analysis.

Commercial Carrier Turbulence and Cabin Safety

The 2014 Southwest turbulence injury at SJC (DCA15CA050) and the 2018 passenger fall (DCA19CA006) are both claims against a common carrier under the common carrier standard. Public Utilities Code § 2101 requires the utmost care and diligence for the safe carriage of passengers. A carrier that enters convective turbulence when weather avoidance was feasible, or that fails to maintain a safe cabin environment during known turbulence risk, has not met that standard.

City of San Jose and County of Santa Clara as Airport Operators

SJC is operated by the City of San Jose; RHV is operated by Santa Clara County. Both are public entities subject to the California Tort Claims Act. Claims for dangerous conditions at either airport are governed by Government Code § 835. Claims against either operator require a government tort claim under Government Code § 911.2 within six months of the incident. Missing this deadline can potentially bar a lawsuit. Tolling may apply — contact Attorney Michael Rehm to assess the specific timeline in your case.

Filing Deadlines for San Jose Aviation Claims

The general personal injury statute of limitations is two years under Code of Civil Procedure § 335.1. Claims against the City of San Jose (SJC) or Santa Clara County (RHV) require a six-month government tort claim under Government Code § 911.2 — a shorter, independent deadline. FTCA claims against the federal government for ATC error require an administrative claim within two years. None of these deadlines are self-executing, and tolling may apply depending on the facts.

Attorney Michael Rehm represents aviation accident victims in San Jose and throughout California on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.