What rights do airlines have in aircraft liability cases?
In Delaware, airlines have certain legal rights when it comes to aircraft liability cases. The most important right that an airline has is the right to be secure from liability for the negligence of another party. This means that an airline cannot be held liable for damages caused by another party (e.g. a third-party manufacturer or a pilot or crew member). This is known as the "doctrine of strict liability." Airlines are also afforded some measure of protection from the "doctrine of contributory negligence," which means that even if an airline is partially responsible for an accident, it will not be held completely liable for the damages. Another right that airlines have is that they are generally immune from liability for any errors or omissions that are on a federally-issued airworthiness certificate. This means that an airline is not liable for the design, manufacture, installation, or maintenance of the aircraft in question, as long as it holds an airworthiness certificate. Airlines are also not generally responsible for any negligent acts or omissions that occur during the operation or maintenance of the aircraft. Finally, airlines in Delaware are afforded the right to refuse to carry passengers who are not able to follow their safety regulations. This means that an airline can deny boarding to passengers who fail to obey the safety rules for whatever reason, such as those who are intoxicated or who are carrying prohibited items.
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