Aviation Law

Airline passengers injured or killed in “operational” airline accidents have always been able to successfully sue the airlines if they had proof of airline negligence. However, Airline defense lawyers have frequently persuaded courts that the Airline Deregulation Act of 1978 (ADA) “preempted” state law tort claims for injuries resulting from the airline’s “services.” Thus, claims […]

43xD.a Each person performing an annual or 100 hour inspection shall, before that inspection, remove or open all necessary inspection plates, access doors, fairing, and cowling. He shall thoroughly clean the aircraft and aircraft engine. 43xD.b Each person performing an annual or 100 hour inspection shall inspect (where applicable) the following components of the fuselage […]

Dr. Schroeder did more than most purchasers to plan his purchase carefully. He bought from a knowledgeable and impressive seller who specialized in Beechcraft. He insured that a fresh annual inspection would be performed before he purchased the aircraft. He flight tested the aircraft before buying it He brought along a mechanic to check the […]

I often receive inquiries from prospective clients who wish to own an aircraft and yet avoid personal liability in the event of an air crash. Here are some of the things they ask about: Like many legal issues these questions do not lend themselves to simple yes or no answers. The solution varies depending on […]

The FAA has issued Bulletin No. 98-1 (dated February 10, 1998) announcing a new enforcement program that will allow FSDO inspectors to issue “tickets” for flight violations. The FAA will use Form 2150-7 which they call an “Administrative Action” — I call it a “ticket.” The inspector will decide on the spot whether the ticket […]

Flight Operational Quality Assurance (“FOQA”) programs are an attempt by airlines to identify data from uneventful airline flights in order to pick out potential problems and correct them before they lead to accidents. A FOQA program requires the installation of a Quick Access Recorder (“QAR”) onboard an airliner to record flight parameters. Data is collected […]

There are two types of aviation businesses: those who have been involved in litigation, and those who will. Air crashes and business disputes often result in the parties hiring lawyers and slugging it out in court. Due to the technical nature of the aviation industry, lawyers rely heavily on expert witnesses to explain the technical […]

The NTSB was formed by The Independent Safety Board Act of 1974. The NTSB was designed to be an independent agency not susceptible to the influence of other parts of government. The Board is managed by five “Members” appointed by the President, each for a five-year term. Once appointed, the member theoretically has job security […]

Because of the risks inherent in flying, all airmen should have an understanding of their rights, options and responsibilities in the event of an accident. The confusion, stress and grief which naturally occur after an accident may interfere with your ability to do the right things at the time. As with emergency procedures, learn now […]

If you hold an FAA certificate — no matter whether you are an airman or an aviation business — it is important to realize that the FAA considers your certificate a privilege. If you commit an infraction that endangers safety, the FAA may revoke this privilege, suspend your certificate, or assess penalties, even if no […]