How are the laws of aeronautical liability determined?
Laws of aeronautical liability are determined by legislation enacted by the individual state, as well as by federal laws established by the United States Congress. In South Carolina, several laws govern aeronautical liability and seek to provide liability protection for aircraft owners and operators, as well as passengers in the event of accidents, injury, or death. South Carolina Code of Laws (SC Code) sections 20-7-280 to 20-7-310 outline the liability standards for aircraft owners and operators. For instance, SC Code section 20-7-300 limits the amount of damages and provides a statutory cap that an aircraft owner or operator may be held liable for in the event of an accident or injury. Liability standards are also established in the South Carolina Aviation Title, which provides the framework for the regulation of aeronautical activities within the state. For instance, Section 55-9-100 outlines the limits of damages that can be imposed in the event of a civil action regarding an aircraft accident. Additionally, the Federal Aviation Regulations (FAR) provide minimum safety standards and requirements for operating aircraft in the United States. These regulations are enforced by the Federal Aviation Administration and provide liability protections for both aircraft owners and operators. As a result, it is important to understand both State and Federal laws in order to ensure compliance with the laws governing aeronautical liability.
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