How are the laws of aeronautical liability determined?
In California, the laws of aeronautical liability are determined by a number of statutes and regulations. The California Air Safety Act of 1947 is the primary state law for the regulation of aircraft safety in the state. This law defines the minimum safety requirements for aircraft operations in California and includes a provision for apportionment of liability for damages arising from aircraft accidents. The state also has a number of FAA regulations that govern aviation operations and the liability associated with them. Additionally, the Federal Aviation Act of 1958 regulates the National Airspace System, designating the FAA as the responsible agency for the safety of air transportation and its associated operations. In addition to the laws and regulations at the state and federal levels, there are also international treaties and conventions that provide guidance on aeronautical liability. These include the Convention on International Civil Aviation, the Convention on the International Recognition of Rights in Aircraft, and the Convention on Damage by Aircraft to Third Parties. Each of these conventions provides a framework for determining the liability for damages and losses resulting from aviation accidents in different countries. Finally, the laws governing aeronautical liability in California are also affected by judicial decisions and legal precedents. For example, a number of decisions have been made on the allocation of fault among the parties in an aircraft accident, which affects the amount of liability each party must bear. All of these laws and regulations, along with judicial decisions and precedents, create a complex set of rules for determining the liability for damages caused by aircraft operations in the state.
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