The NTSB hasn’t yet issued its report on the fatal Skylife air ambulance crash in December 2015. But a Fresno judge has ruled that regardless of the cause, the family of one of the paramedics on board will not be allowed to sue either the operator of the helicopter (Rogers Helicopter) or the helicopter’s
Discretionary Function Exception to the Federal Tort Claims Act
If the United States Government is responsible for an accident, it can be sued just like any other wrongdoer under the Federal Tort Claims Act. But there’s an important exception — the federal government cannot be sued for bad decisions that the government left to the federal employee’s best judgment. The "Discretionary Function Exception"
Sikkelee v. Precision Airmotive Corp.: Manufacturer Can Be Sued Even Though FAA Approved Design
Here’s the pre-emption argument:
Our plane’s design was approved by the FAA. If plaintiffs think there is something wrong with it, they should take it up with the FAA. But they should leave us alone.”
Manufacturers make this argument in just about every aviation case we bring. We respond that that the FAA
An Airline’s Liability for In-flight Injuries to International Travelers
Domestic travelers can hold the airline liable only if their injuries are caused by the airline’s negligence. But if the passenger is traveling internationally, then treaties called the Montreal and Warsaw Conventions apply. Under the Conventions, whether the airline was negligent is for the most part irrelevant. An airline is responsible only if the
Reno Air Race Lawsuits and the Assumption of Risk Defense
There are obvious dangers inherent in events such as the Reno Air Races. The victims of the disaster were undoubtedly aware of those dangers and attended the event anyway. Does that mean they should not be able to file lawsuits to obtain compensation for their loss?
Not at all.
Granted, Life is Full of Risks
There are
Reno Crash Victims’ Lawsuits Against the FAA Will Face Hurdles
The FAA was supposed to protect the Reno Air Race spectators by, among other things, assuring that the race course design was safe. It failed to do so. Do the victims have a right to bring a lawsuit against the FAA?
Sovereign Immunity.
The FAA or, more accurately, the United States government can be sued
When A Helicopter Hits An Offshore Oil Platform And Then Crashes Into The Ocean
A helicopter carrying workers to an oil rig attempts to land on the rig’s platform. The helicopter hits something on the rig, spins out of control, and crashes into the sea. All the helicopter’s occupants are killed.
Sadly, with more than 5000 oil rigs operating off the US shores, oil rig-related helicopter crashes are
Government Contractor Defense Protects Helicopter Manufacturer
The Chinook helicopter was flying in Afghanistan. Without warning, one of the helicopter’s two engines flamed out. The helicopter crashed. Eight service personnel were killed and fourteen were severely injured.
The victims and their families sued the helicopter’s various manufacturers, including Boeing, Honeywell and Goodrich. They claimed that the helicopter’s engine qu
it because of a defect in
Bill Seeks to Immunize Volunteer Pilot Organizations from Liability for Injury to Passengers
Senator Leahy of Vermont is pushing for a law that would insulate volunteer pilot organizations (such as Angel Flight West) from liability for injury the organization’s pilots cause to its passengers. If the bill passes, it means that those injured by the negligence of an organization’s pilot would have no recourse against the organization. Rather
Death on the High Seas Act: Federal Court Questions the Powers of the President
The Death on the High Seas Act applies to certain airplane and helicopter crashes as well as to shipwrecks. The Act limits the claims that family members can bring. For example, in most cases the Death on the High Seas Act does not allow a parent to sue
for the loss of a child. And though a wife can