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.
Related FAQs
What is the legal framework for aircraft leases?What is the purpose of the Convention on International Civil Aviation?
What is the FAA's role in aircraft noise control?
What are the legal requirements for aerial surveillance of aircraft?
What are the requirements for aircraft noise certification?
How does the FAA regulate the aviation industry?
What is the purpose of the Convention on International Trade in Endangered Species?
How is aircraft import/export regulated?
What rights do aircraft owners have under Aircraft Law?
How are aircraft navigation systems regulated?
Related Blog Posts
Aircraft Law: An Overview of the Legal Environment for Aviation - July 31, 2023Aircraft Law and Liability: What to Know When Flying - August 7, 2023
Aircraft Accident Investigations: Understanding the Process - August 14, 2023
Tax Implications of Aircraft Ownership: Critical Considerations - August 21, 2023
Aircraft Registration and Leasing: What You Need to Know - August 28, 2023