What are the laws surrounding aircraft accidents and liability?

The laws surrounding aircraft accidents and liability in Texas are largely derived from the Federal Aviation Administration (FAA). The FAA is responsible for the establishment and implementation of all rules and regulations for the safety and welfare of aircraft and passengers. All aircraft operators, including private, public, commercial and military, must comply with these regulations. In Texas, when an aircraft accident occurs, the applicable state and federal laws must both be considered. Many of the applicable laws come from the Federal Tort Claims Act, which outlines the process for filing a legal claim against the government in the event of an accident. In order to establish liability for an aircraft accident, a plaintiff must prove that the defendant was negligent in their actions or omissions. Negligence is determined by examining the standard of care that should have been taken, and if it was not taken, then the defendant may be liable for the resulting damages. In addition to negligence, other theories of liability may apply, such as strict liability, breach of warranty, and product liability. For example, strict liability could apply if a defective aircraft part or component caused the accident. Product liability may also apply if a manufacturer or seller failed to provide adequate warnings or instructions regarding the use of the aircraft. The specific laws that apply to aircraft accidents and liability are complex and often times require the assistance of an experienced attorney who is knowledgeable about aviation law.

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