Aviation Law Exam 2 Review
How renting pilots can avoid subrogation
-purchasing a waiver of subrogation endorsement to their aircraft insurance policy -have insurance company generically name renter pilots as additional insureds on the policy
Although exculpatory contracts are banned in NY, most other states the courts very closer strutinize such contracts but enforce them if:
1. there is some equality in bargaining power between the parties, and 2. the subject matter is not an essential of life (food, medicine, medical care, shelter, public utilities, public transportation, or communications
Aero Cargo flight 13 provides nonstop cargo service between Bogata, Columbia and Miami. Prior to takeoff from bogata, the crew is unable to start one of the engines on the aging four-engine DC-7C. Advised of the problem, the company's chief pilot and vice president of operations orders the crew to proceed on schedule with the argo using the three functioning engines (a procedure known in the company as "attempting an air start"), making it clear that if the pilots do not comply, they will be fired. The pilots attempt takeoff, but the aircraft is not airborne at the end of the runway, where it crashes and burns. What is the airline's liability, if any, for the resulting destruction of the cargo if both the United States and Columbia have ratified the Montreal Convention?
17 SDRs for liability. No liability if packed improperly
Workers Compensation
A form of insurance paid by the employer providing cash benefits to workers injured or disabled in the course of employment.
Why did the United States not experience an explosion in civil litigation arising out of the deaths of thousands of people from the terrorist attacks using hijacked airliners on 9/11/01?
Air Transportation Safety and Stabilization Act was created The U.S. created a compensation fund and required victims and their families to waive their right to file or be a party to a civil lawsuit.
What is an airline tariff? Where would you find it?
An airline tariff encompasses the total agreement between the passenger or shipper, although the price is the predominant factor. It can usually be found online or in a book at the airport.
What effect has ratification of the Montreal Convention had on the volume of litigation of claims for injury to international airline passengers?
Caused cessation of new litigation and reduces lawsuits
Compare and contrast the personal liability for the consequences of torts committed by individual federal employees with that of individual employees in the private sector.
Employee not immune from intentional torts, but immune to negligence Federal employees do, however, enjoy protection from personal liability for the consequences of their on the job negligence, UNLIKE the private sector. US attorney will named as the defendant. P210 and 215 Summary: Liability for private sector (only if its within the work scope) but not fed employee. Immune from negligence, not immune from intentional tort
Compare and contrast the vicarious liability of the federal government for the consequences of torts committed by its employees with the same liability of employers in the private sector.
FTCA - The federal government is liable for the consequences of: negligence of govt employees that are acting within the scope of their employment if a private sector employer would be liable for that employees torts under the same circumstances. Exceptions: Geographic Limitations within the US Combat Activity Activities incident to military service Discretionary Function Intentional Torts
GARA
General Aviaiton Revitalization Act greatly affected overhaul facilites and maintenance shops and aircraft rental operations
You just walked away from a spectacular crash that totally destroyed the airplane. You have walked only a few yards when someone who obviously saw the crash comes running up to you and says: "I can't believe you're alive. What happened?" You're pretty sure that you forgot to disengage the gust locks on the aircraft's control surfaces before attempting to take off. b.) Who must you notify about this accident, and when and how?
Immediately contact nearest NTSB field office by most expeditious means
anding at an unfamiliar airport at the conclusion of a charter flight, the crew of a business jet inadvertently lands on a taxiway parallel to the runway assigned by ATC. The landing is successful and there is no conflict with other traffic. Is the operator required to notify the NTSB of the mistake? Is the operator required to file a written report of the event with the NTSB? Explain.
Incident rule 12 requires notification; only file written report if requested
An air traffic controller is going through a bitter divorce. One dark and stormy night the controller realizes that among the aircraft he's controlling is a private jet owned by the man who stole the affection of his soon-to-be-former spouse, and that she is among the passengers in that aircraft. In a fit of anger and jealous rage, the controller deliberately gives the jet a series of vectors to the final approach course intended to confuse the crew's situational awareness before putting them on a course at an assigned altitude that causes the aircraft to collide with an obstacle. There are no survivors. Will the U.S. be held liable for the controller's action?
Intentional tort, so not in the scope of employment.
How can you tell whether a person is a domestic or an international passenger? Describe.
It is printed on the ticket.
What support services does the NTSB make available to families of airline disaster victims?
Joint Family Support Office (JFSO) to coordinate support from Red Cross and other like organizations
A catering truck rolls into a parked airliner, damaging the fuselage and pressure vessel to the extent that it will require a major repair before flight. b.) The passengers have not yet begun to board the aircraft at the time of the collision, but the flight crew is aboard preparing the aircraft for departure when the collision occurs. Is the airline required to notify any government agency of this occurrence? Explain.
Maybe, call NTSB office
While attempting to land a single-engine tailwheel airplane in a crosswind at a private uncontrolled airfield, you lost control and the aircraft "ground-looped." e.) During the landing events, your head was banged against the aircraft's structure. Although you did not lose consciousness, you experienced an extreme headache and dizziness and were hospitalized for treatment for a concussion. Now are you required to notify any government agency of this event? Explain.
Maybe, depends on the length of hospitalization
What treaty is now the primary source of law governing the legal relationship between airlines and their international passengers?
Montreal, but Warsaw still applies in some countries; no punitive damages under Montreal
You are an air traffic controller employed by the FAA. An aircraft crashes in your operational sector, and an attorney for persons injured in the crash sues you personally for negligence, claiming that the instructions you gave the pilot caused the crash. Will the U.S. Attorney help you? How?
Must prove ATC's negligence as a proximate cause for the govt. to be liable Yes - the federal govt may be liable under FTCA because air traffic controllers are not covered under the discretionary function. They are responsible to exercise an ordinary degree of care. The case may be resolved by referencing the Air Traffic Controllers Handbook. It has to be proven that the controller's negligence was the proximate cause of the accident.
A catering truck rolls into a parked airliner, damaging the fuselage and pressure vessel to the extent that it will require a major repair before flight. a.) Only the aircraft cleaning crew is aboard at the time of the collision. Is the airline required to notify any government agency of this occurrence? Explain
NO, because there is no intention to fly.
Can an airline use its tariffs to limit the airline's liability for passenger injury or death? Why?
No
Is the assumption of risk defence available to an airline to defend against lawsuits brought by injured passengers or the survivors of passengers killed in an airline crash? Why?
No, airlines are still the safest means of travel
You just landed a light twin without first lowering the landing gear. Both propellers are curled back, the flaps are bent, and there are some dents and scrapes on the aircraft's belly skin. a.) You believe the cause was that you were distracted in your performance of the aircraft's pre-landing checklist by the air traffic controller calling to point out other traffic to you. Are you required to notify any government agency about this mishap? Explain.
No, all of the damage listed is excluded from the definition of substantial damage and does not need to be reported.
While attempting to land a single-engine tailwheel airplane in a crosswind at a private uncontrolled airfield, you lost control and the aircraft "ground-looped." a.) The right wingtip was damaged to the extent that it will have to be repaired or replaced before further flight. Are you required to notify any government agency of this event? Explain.
No, damage to a wingtip is excluded from the definition of substantial damage.
While attempting to land a single-engine tailwheel airplane in a crosswind at a private uncontrolled airfield, you lost control and the aircraft "ground-looped." b.) During the course of the ground loop, the right main landing gear leg also failed. Now are you required to notify any government agency of this event? Explain.
No, damage to landing gear is excluded from the definition of substantial damage
While attempting to land a single-engine tailwheel airplane in a crosswind at a private uncontrolled airfield, you lost control and the aircraft "ground-looped." d.) A subsequent tear-down inspection of the engine reveals that the prop strike bent the crankshaft. Now are you required to notify any government agency of the event? Explain.
No, damage to only a single engine is is excluded from the definition of substantial damage
While attempting to land a single-engine tailwheel airplane in a crosswind at a private uncontrolled airfield, you lost control and the aircraft "ground-looped." c.) When the landing gear failed, the propeller struck the ground and was bent. Now are you required to notify any government agency of this event? Explain. If the ground impact caused a propeller blade to separate from the aircraft would you arrive at the same or a different answer? Explain.
No, damage to propeller is excluded from the definition of substantial damage.
You are flying a large jet transport and experience a failure of one of the four turbine engines. No one is injured, and you are able to make a successful emergency landing. a.) The failure was apparently caused by ingesting a large bird, which caused numerous turbine blades to break off and be blown out the engine exhaust. Are you required to notify any government agency of this occurrence? Explain.
No, damage was only to one engine so it is not an accident and if the turbine blades are blown out by the exhaust it is not an incident that requires an mandatory report.
You just landed a light twin without first lowering the landing gear. Both propellers are curled back, the flaps are bent, and there are some dents and scrapes on the aircraft's belly skin. b.) You believe that the cause was a malfunction or failure of the landing gear system, because you remember placing the gear handle in the "down" position and observing three illuminated green lights, indicating that all three landing gear were down and locked. Are you required to notify any government agency of this mishap? Explain.
No, the landing gear is not a flight control system and therefore does not need to be report as an accident or incident.
Is the United States liable for negligence of a FAA Designee, such as an AME, DAR, DER, DMR, IA, or ODA?
No, they are not federal employees
While operating at an uncontrolled airport, you have a midair collision with another aircraft that you did not see and that had no radio with which to report its whereabouts or intentions. c.) The two aircraft did not collide, but missed each other by no more than a millimeter. Are you required to notify any government agency of this event? Explain.
No, this type of incident is not listed on the list of incidents that require reports to the NTSB. file a Aviation Safety Report with NASA
Flying your personal single-engine airplane non-commercially, you experience an in-flight engine failure and make an emergency landing on a freeway below. a.) You land and roll off into the median without damage to the aircraft or anything else. There are no injuries. Are you required to notify any government agency of this event? Explain.
No. It does not qualify as an accident or incident.
Snow Bird Airlines flight 13 provides nonstop service between Anchorage and Phoenix. All passengers aboard today's flight are ticketed from Anchorage to Phoenix and none has an origin or destination in another country on his or her ticket. A pressurization problem arises en route, and the crew decides to make a precautionary landing in Vancouver, Canada. If this attempted stop in Canada leads to an accident, will the Montreal Convention apply? Why?
No. It is still a domestic flight and is not intended as an international flight
A domestic passenger and an international passenger are standing side by side in the airline terminal's baggage claim area waiting for their bags to arrive when a lone terrorist walks up and detonated his suicide vest, killing them both. Is the airline liable for either death? Explain.
No. Unless the airline is violating the standard of care, they are not liable.
What effect does the Montreal Convention have on the legal liability of anyone other than the airline (for example, the aircraft's manufacturer, air traffic controllers, or the airport owner/operator) for the death or injury of an international airline passenger
None, it only applies to airlines.
What accidents and incidents are you required to report to the FAA?
None.
What is a discretionary function? What other kind of exercise of judgment is there? Distinguish.
Planning or policy-making activities don't subject the govt. to liability even if it caused the accident. Only negligent operational decision making may expose govt. to liability
Your best friend from college was in ROTC and on graduation was commissioned as an officer and trained as a fighter pilot. Your friend experienced an engine failure on takeoff from an air base in Afghanistan and was killed when the aircraft's ejection seat failed to function. Your friend's spouse, who is very worried about how to support the couple's two young children, asks whether you think they might be able to successfully sue the federal government or anybody else for your friend's death. Analyze the potential legal liabilities for each of the following causation scenarios, showing your reasoning: a.)The ejection seat failure was determined to have been caused by a design defect incorporated in the specifications provided to the manufacturer by the United States.
Spouse can't sue govt. but contractor could be liable if knew about design defect or improperly built the equipment; manufacturer not liable if part built to specification and company didn't know about the defect
Your best friend from college was in ROTC and on graduation was commissioned as an officer and trained as a fighter pilot. Your friend experienced an engine failure on takeoff from an air base in Afghanistan and was killed when the aircraft's ejection seat failed to function. Your friend's spouse, who is very worried about how to support the couple's two young children, asks whether you think they might be able to successfully sue the federal government or anybody else for your friend's death. Analyze the potential legal liabilities for each of the following causation scenarios, showing your reasoning: b.) The failure was determined to have been caused by an assembly line worker in the ejection seat manufacturer's plant, who assembled the trigger mechanism incorrectly.
Strict liability on manufacturer if equipment delivered in defective condition due to improper assembly
A midair collision occurs within the Class D airspace of a local airport that has a control tower operated by the FAA. Visibility at the time of the accident was three miles (marginal VMC), and both aircraft had radioed the tower a minute or two before the collision, reporting similar positions. Each obtained landing instructions and the tower warned the second aircraft that another aircraft had reported inbound from the same area. The aircraft were not yet visible to the tower controllers when the collision occurred. One of the distraught tower controllers later lamented to the news media: "I told Washington months ago that we needed radar at this tower and that if we didn't get it pretty soon, there was probably going to be a midair collision. If only we'd had radar, we could have kept those planes apart." Can the survivors of the people who died in the collision reasonably hope to successfully sue the federal government for the FAA's negligence in not installing air traffic radar at this airport? Explain.
The FAA would not be liable under the discretionary function because it is a policy decision Probably not, because it's a discretionary function radar doesn't affect flight activity
During night operations under VMC at a busy major airline hub having a control tower operated by the FAA, the local controller clears a regional airliner to line up and wait preparatory to take off on runway 26R. The regional airline crew properly acknowledges the clearance and moves onto the runway, halting in position for takeoff. Distracted, the local controller then forgets about the regional airliner and clears a jumbo jet to land on the same runway. The larger airliner lands on top of the waiting regional airliner. Both aircraft are substantially destroyed by the collision and ensuing fire, and there are numerous passenger and crew member deaths and injuries. a.) Who is potentially liable, and why?
The FAA, ATC - Negligence so it goes to the FAA but the controller is not personally responsible The landing aircraft and sitting aircraft - they heard the communication so it is possible negligence Operational decision making?
From the standpoint of legal Liability for negligence, what difference does it make whether a domestic commercial flight is a common-carrier or a contract-carrier operation?
The carrier needs to have a higher degree of care.
What difference does it make whether a government employee's activities alleged to have contributed to cause an aircraft accident were a discretionary function or not?
The government is not liable if discretionary function v
subrogation
The process by which an insurer can, after it has paid a loss under the policy, recover the amount paid from any party (other than the insured) who caused the loss or is otherwise legally liable for the loss.
During night operations under VMC at a busy major airline hub having a control tower operated by the FAA, the local controller clears a regional airliner to line up and wait preparatory to take off on runway 26R. The regional airline crew properly acknowledges the clearance and moves onto the runway, halting in position for takeoff. Distracted, the local controller then forgets about the regional airliner and clears a jumbo jet to land on the same runway. The larger airliner lands on top of the waiting regional airliner. Both aircraft are substantially destroyed by the collision and ensuing fire, and there are numerous passenger and crew member deaths and injuries. b.) If more than one person or entity is found legally liable, how will the responsibility to pay the plaintiff's damages be apportioned? Describe.
We'd do it on a comparable negligence basis: FAA/ATC, airline 1 and 2, crew members
You are flying a large jet transport and experience a failure of one of the four turbine engines. No one is injured, and you are able to make a successful emergency landing. b.) The failure was catastrophic and uncontained, causing a turbine wheel to emerge from the side of the engine cowling, penetrating and lodging in the fuselage. Now are you required to notify any government agency of this occurrence? Explain.
Yes, a report to the NTSB would be required for this incident because the turbine blades escaped by a path different from the exhaust path.
You are operating a regional airliner. On takeoff roll, you observe a small general aviation aircraft beginning to cross your runway ahead. You apply full braking and full reverse thrust, successfully aborting the takeoff and stopping short of the other aircraft. Are you required to notify any government agency of this occurrence? Explain.
Yes, an incident report is required to be filed with the NTSB because a runway incursion which required immediate corrective action to be taken to avoid a collision occured.
You just landed a light twin without first lowering the landing gear. Both propellers are curled back, the flaps are bent, and there are some dents and scrapes on the aircraft's belly skin. c.) A tear-down inspection of the engines reveals that both crankshafts were bent when the propellers struck the ground. Now are you required to notify any government agency of this event? Explain.
Yes, because of the two engine rule Now an accident report would be required because both engines were damaged in the accident. This would need to be reported to the NTSB as an accident.
While operating at an uncontrolled airport, you have a midair collision with another aircraft that you did not see and that had no radio with which to report its whereabouts or intentions. b.) The two aircraft involved were both blimps, which merely bounced off each other rather comically, with no damage to either aircraft. Are you required to notify any government agency of this mishap? Explain.
Yes, even though this does not meet the definition of an accident, any incident involving an aircraft collision in flight requires a report to the NTSB.
You are involved in an accident as a flight crewmember. During the on-site phase of the accident investigation, the NTSB wants to ask you some questions. The accident investigation team includes some FAA personnel. a.) If you make a statement in the presence of these FAA personnel, can it be used against you in an enforcement action
Yes, exception to Hearsay rule
Can a mixture of domestic and international passengers be on the same flight?
Yes, from a connecting flight
While maneuvering on an aircraft parking ramp, a line service attendant accidentally strikes a parked and unoccupied helicopter's main rotor blade with the gas truck, damaging it to the extent that the blade will have to be replaced. Must any government agency be notified of this mishap? Explain.
Yes, the NTSB must be notified of this incident. Any damage to a helicopters rotor or blades that causes them to have to be replaced, even ground damage, requires a report to the NTSB.
Flying your personal single-engine airplane non-commercially, you experience an in-flight engine failure and make an emergency landing on a freeway below. b.) You land on and destroy a $200,000 exotic sports car. Seeing the aircraft coming, the car's occupants jump out and escape unscathed, and there is no damage to the aircraft except some scraped paint and a flat tire. The occupants of the aircraft are not injured. Are you required to notify any government agency of this occurrence? Explain.
Yes, this incident caused damage to property in excess of $25,000 which requires an incident report be filed with the NTSB
You are operating an aircraft equipped with a single electronic primary flight display. While in flight the screen goes dark, displaying no information. You have no other electronic cockpit displays. Are you required to notify any government agency of this failure? Does your answer depend upon whether you are operating in IMC or VMC at the time? Explain.
Yes, this would require an incident report be made to the NTSB. Complete loss of information from more than 50% of an aircraft's cockpit displays requires an incident report be made to the NTSB. Here, 100% of the electronic cockpit displays failed, and it does not matter if the aircraft is in VMC or IMC.
If in the previous question the flight came from Chicago and the passenger who fell was a domestic passenger, under what circumstances and to what extent would the airline be liable for that passenger's injury?
Yes. They are a commercial airline and are required to have a higher degree of care.
Can an airline use its tariffs to limit its potential liability to passengers or shippers? If so, describe.
Yes. They can require claims to be done within a certain number of days or imply other limitations on physical items as well.
It is a snowy and bitterly cold winter day in Cleveland when the commuter airline flight from Montreal, Canada, pulls up to the gate. As the international passengers are walking across the ramp from the airliner to the terminal building, one of them slips on an icy patch and suffers an injury. Is the airline liable for this passenger's injury? Why? Are there any artificial dollar limits on that liability?
Yes. They have to make it to the terminal or a safe place. Strict liability for first 100.000 SDRs
If your business is located on an airport, you will need
airport liability insurance
hull coverage may be purchased to cover:
all risks all risks while not in flight, or all risks while not in motion.
Exculpatory contract
an agreement between the aircraft or airport operator and a participant in an aviation operation by which the participant agrees not to sue the operator of the aircraft or airport if the participant is killed or injured during the operation
parents generally _________ waive minor's rights by signing; they onlylimit their right to sue
can
Purpose-of-use categories
categories of airplane use that are used in aviation insurance classification and rating -pleasure and business -industrial aid -limited commercial -commercial exept instruction or rental -commercial -special uses
hull coverage
covers damage to or destruction of the insured aircraft resulting from an accident -generally doesn't cover damage to the aircraft's engines in connection with an engine failure, unless the engine failure leads to other damage to the aircraft
premises liability
covers injury to nonemployees occurring at your place of business
creating the exculpatory contract
each such contract should be handcrafted by your lawyer for your specific operation
product liability
insurance needed to cover claims arising out of faulty workmanship, oversights in inspection, errors and defects in design or manufacture of goods sold, and faults in the quality, storage, and delivery of fules needed by all businesses that perform aircraft inspection, maintenance, or modification, or supply aircraft parts, fuel and lubricants
Hangarkeepers Liability
insurance that covers your liability for damages to other people's aircraft while they are in your care, custody, or control
If the flight in Question 14 is not a charter but a non-commercial corporate flight department operation, is the operator required to notify the NTSB of the mistake? Is the operator required to file a written report of the event with the NTSB? Explain.
no, not an air carrier
lawsuit for gross negligence does _____ barred by exculpatory contract
not
advertising is ______ ____ _________, must have contract ot assert defense of exculpatory contract
not a contract
While operating at an uncontrolled airport, you have a midair collision with another aircraft that you did not see and that had no radio with which to report its whereabouts or intentions. a.) Fortunately for everyone involved, your aircraft suffered no damage, and the only damage to the other aircraft was a small hole punctured in the upper skin of a wing by your landing gear. No one was hurt, and both aircraft landed uneventfully. Are you required to notify any government agency of this mishap? Explain.
not an accident but an incident
You just walked away from a spectacular crash that totally destroyed the airplane. You have walked only a few yards when someone who obviously saw the crash comes running up to you and says: "I can't believe you're alive. What happened?" You're pretty sure that you forgot to disengage the gust locks on the aircraft's control surfaces before attempting to take off. a.) What will you say and why?
nothing
FAR Violation Exclusion Clause
says that if the operation was in violation of a FAR, it is excluded from coverage by the insurance policy
stated value
the most common valuation method in whcih the insurance policy specifies the exact dollar amount the insurance company will pay to the aircraft owner in the event of a total loss
Fair Market Value
the price a willing buyer would pay a willing seller in a free market
some courts have upheld the fine print on the back of such things as admission tickets to races, air shows, and ski lifts as constiuting
valid exculpatory contracts, even where they have not been read or signed by the purchaser much greater legal protection is afforded, however, by a full-size legible contract signed by the person giving up the right to sue
types of airport liability insurance
worker's compensation unemployment premises/hangar keeper's liability products liability
You just walked away from a spectacular crash that totally destroyed the airplane. You have walked only a few yards when someone who obviously saw the crash comes running up to you and says: "I can't believe you're alive. What happened?" You're pretty sure that you forgot to disengage the gust locks on the aircraft's control surfaces before attempting to take off. c.) To whom are you required to submit a written report about the accident, and when?
written report to nearest NTSB office within 10 days after accident if able
You are involved in an accident as a flight crewmember. During the on-site phase of the accident investigation, the NTSB wants to ask you some questions. The accident investigation team includes some FAA personnel. b.) Is there a way to cooperate with the NTSB at this point by discussing the accident with them, without running the risk of giving the FAA ammunition to suspend or revoke your certificate in a subsequent enforcement case? If so, describe
yes get FAA to agree not to report statements
If a person signing the agreement is a minor,
you get no protection since a minor can later legally disavow any contra he or she signed as a minor minor's contract is voidable
