Each year dozens of men and woman in the military are killed in plane and helicopter crashes. Many of these crashes could have been prevented. Often the crash is the result of an old aircraft that was not fit for service, or a new aircraft with a design defect. In other cases there are gross lapses of safety procedures or pilots with inadequate training.

Unlike civil air crashes, that are investigated by the National Transportation Safety Board (NTSB), Military crashes are under the jurisdiction of the Military Safety Mishap Board. This organization prepares a secret report much of which is not released to the public. Another Report, also called a Collateral report may be prepared depending on the service branch involved. This report is usually made public, but doesn't contain the manufacturer's analysis or witness statements that are the basis of the secret Safety Mishap Investigation. This lack of information greatly complicates the task of bringing a lawsuit and finding answers.

Private citizens injured by military aircraft can sue the government under the Federal Tort Claims Act. The Act allows the United States to be sued "as if it were a private person," for the negligent acts or omissions of its employees. Under the Act the victim must file a claim with the responsible agency within two (2) years of the injury, among other requirements.

Military Service Personnel (Active Duty, Reservists, and National Guard) are severely restricted in taking legal action against the government. However, many lawsuits are brought against the aircraft manufacturers. To bring a lawsuit against a manufacturer, the person bringing the suit must prove that the aircraft which crashed was "unreasonably dangerous" and defective in design, manufacture, or that the maker failed to warn of an unsafe condition. Even in these circumstances manufacturers may be protected under the Government Contractor's Defense. This defense protects makers from being liable for design defects in military equipment when the government approved reasonably precise specifications for the design of the equipment.