Are written waivers of liability worth the paper they are written on? The answer, of course, is that it depends. In California, a waiver that a passenger signs before stepping into an aircraft is enforceable, as long as it meets certain rules. For example:
The victim of an airplane or helicopter accident must act on his rights or lose them forever. That means the victim must file a lawsuit by the appropriate deadline. In some cases, the victim must first file a special claim form with the right governmental agency. If he fails to do so on time, or files it with the wrong agency, he
Maintenance manuals tell the mechanic when to perform an inspection or service, and how to perform it. Many mechanics believe that the regulations require them to follow the book exactly.
But in an excellent column on this murky subject, mechanic and aviation author Mike Busch sums up the regulatory requirements nicely:
The manufacturer’s “how-to” instructions
Aviation manufacturers have long argued that victims should not be permitted to sue for aircraft design defects because, before any manufacturer’s aircraft leaves the ground, its design has to be approved and certified by the FAA. If the aircraft’s design is good enough for the FAA’s engineers, they argue, it should be good enough for the court system. Judges
Air traffic controllers work within the guidelines set forth in the Controller’s Handbook (pdf), which they often call "the Bible." The Handbook is hundreds of pages long, and controllers must follow it to the letter. If they deviate and an accident results, the Federal Tort Claims Act permits the victim to sue the FAA for negligence.
Sometimes,
Special rules protect careless health care providers in California. The rules, collectively known as MICRA, were designed to make it harder for medical malpractice victims to sue the doctors who injure them. For example,
The General Rule
Mechanics are required by regulation to follow the instructions set forth in the manufacturer’s maintenance manuals when working on an aircraft. The mechanic is not allowed to deviate from the instructions covering the work he undertakes. If he does deviate, and someone is injured as a result, the mechanic is liable.
Service Bulletins
Sometimes, a manufacturer learns of a problem with the way its product is performing in the field.
The General Aviation Revitalization Act, known as “GARA,” immunizes general aviation manufacturers from lawsuits for defectively designed or manufactured aircraft that are more than 18 years old. Regardless of how serious the defect, if the aircraft is more than 18 years old, an injured victim cannot sue its manufacturer.
There are exceptions. An injured
Some Flight 1549 passengers have reportedly "lawyered-up." What legal claims do they have?
Putting aside the question of whether pursuing the claims is the right thing to do — some say they should simply count their blessings — do the passengers have any claims to begin with?
Well, it depends on the law that applies. For
An airline’s liability for a passenger’s injury or death is most often determined by state law. But if the passenger’s trip includes a stop in a foreign country, then the airline’s liability is controlled entirely by international treaties. The treaties are known as the Warsaw Convention and the Montreal Convention.
The treaties also govern a