Insight and Commentary on aviation accidents and the law
Normally, the FAA cannot be sued for doing a bad job certifying an aircraft as safe. But in the case of the 737 Max, things might be different.
As a general rule, the FAA cannot be sued as long as, in certifying the aircraft as safe, it was exercising its “discretion.” The United States Supreme…
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"…
The Andreini family gave their first interview since Eddie’s death to KTVU’s John Sasaki. John asks us about the lawsuit we filed today against the United States Air Force.
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…