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:Waiver

  • The waiver language must be clear and conspicuous to the person signing away

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.Aircraft Mechanic 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 medical malpractice victim must provide the defendant doctor a special notice before filing suit.
  • At any trial, special rules of

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.


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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