It used to be impossible for an American injured by a foreign government to sue that government in the US. If the American tried, the foreign government could assert “sovereign immunity” as a complete defense. But now the Foreign Sovereign Immunities Act sets forth a few important exceptions to that immunity. For example, a victim can sue the
Limited Liability Companies May Protect Aircraft Owners
It’s not uncommon for three or four pilots to share ownership of an aircraft. For years, owning an aircraft as “partners” was the norm. That form of ownership, however, carries with it some liability considerations.
- “Partners” can generally be held individually liable for one another’s debts, including debts arising from one another’s negligence. In other
Lidle v. Cirrus: Claim Not “Junk Science”
When Cory Lidle’s widow sued Cirrus Design, it caused a bit of an uproar in the aviation community. Her suit alleges that it was a defect in the aircraft’s flight controls that caused the Cirrus SR-20 to slam into a Manhattan hi-rise. That claim led many to call the suit frivolous. After all, the NTSB determined the accident was caused by pilot error, plain and simple. Right?
Cirrus asked the federal judge who is hearing the case to toss it out as being based on "junk science." Cirrus argued that under legal precedent known as Daubert v. Merrell Dow Pharmaceuticals, the judge must act as a "gatekeeper." That means she must review the expertContinue Reading Lidle v. Cirrus: Claim Not “Junk Science”
When the Defective Part is Made of Paper: Aircraft Manuals and GARA
A passenger injured in an aircraft accident can’t sue the aircraft manufacturer if the part that caused the crash is older than 18 years. Any such suit would be barred by the General Aviation Revitalization Act, or GARA.
What if the accident was caused by a mistake in one of the aircraft’s manuals rather than a
The Death on the High Seas Act (DOHSA) and Aviation Accidents
The Death on the High Seas Act was originally intended to apply to shipwrecks and other shipping accidents in international waters. Though a law of admiralty, DOHS
A’s wording is broad enough to cover any accident, not just shipping accidents. Therefore, it applies with equal force to aviation accidents occurring on the high seas.
The "high seas" are those international waters more than 12 nautical miles from the shore of the United States or one of its islands. After an aviation accident, it doesn’t matter whether the passenger’s family sues the responsible airline under the Warsaw or Montreal conventions, a mechanic for negligence, or a manufacturer for a defectively designed product. If the accident happened on or over the "high seas," those responsible for the Continue Reading The Death on the High Seas Act (DOHSA) and Aviation Accidents
Feres Doctrine Protects U.S. Military From Lawsuits
The Federal Tort Claims Act allows citizens who have been injured by the federal government to sue the United States. But there’s an important exception. No suit against the government is allowed when the victim is a service member injured by the negligence of the United States military.
The rule protecting the military is called the Feres Doctrine
Avoiding the Empty Chair Defense
In the early stages of a lawsuit, it is often unclear which of two different defendants is responsible for an aviation accident. But as the case progresses, evidence may point to one defendant over another. When that happens, it may seem like a good idea for the victim to settle with (or dismiss from the lawsuit) the defendant whose
Manufacturers of Military Aircraft and the Government Contractor Defense
A crew member injured by an aircraft’s defective design may sue to hold the aircraft manufactu
rer accountable. At least he can when the aircraft involved in the accident was a civilian aircraft. If, however, the airplane or helicopter was a military aircraft, then the rules change.
A manufacturer who built an aircraft specifically for the military may be
Workers’ Compensation as the Exclusive Remedy for an Injured Crew Member or Pilot
Generally, crew members may not sue their employers for injuries sustained on the job. Even where the crew member’s injury was caused by the negligence of the employer or one of the crew member’s co-employees, the crew member’s sole remedy against his employer is to pursue a workers’ compensation case. This is known as the
Pre-Accident Waivers of Liability
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 waiver language must be clear and conspicuous to the person signing away