Federal Aviation Regulations (FARs)
The Federal Aviation Regulations, codified in Title 14 of the Code of Federal Regulations, form the backbone of aviation safety law in the United States. These comprehensive regulations govern every aspect of civil aviation, from aircraft design and manufacture to pilot certification and flight operations.
In aviation accident litigation, violations of FARs can serve as powerful evidence of negligence. When an operator, pilot, or maintenance provider fails to comply with applicable regulations and that failure contributes to an accident, the violation may constitute negligence per se — meaning the violation itself is treated as evidence of negligence.
Key regulatory areas frequently at issue in aviation accident cases include:
- 14 CFR Part 91: General operating and flight rules, including weather minimums, aircraft equipment requirements, and pilot-in-command responsibilities
- 14 CFR Part 43: Maintenance standards, including who may perform maintenance and the documentation requirements
- 14 CFR Part 121/135: Operating requirements for commercial carriers and charter operations, including crew rest requirements and training standards
- 14 CFR Part 25/23: Airworthiness standards for transport and normal category aircraft
State Negligence and Product Liability Law
While federal law governs aviation operations, state law typically provides the legal framework for personal injury claims arising from aviation accidents. In Florida, injured parties may pursue claims based on negligence, strict product liability, or both.
Negligence claims require proving that the defendant owed a duty of care, breached that duty, and that the breach caused the plaintiff's injuries. In aviation cases, the duty of care is often defined by the applicable FARs and industry standards of practice.
Product liability claims are particularly important in aviation accident cases because they allow injured parties to hold aircraft and component manufacturers accountable for defective products. Under Florida law, product liability claims may be based on:
- Design defects: When the aircraft or component was designed in a way that made it unreasonably dangerous
- Manufacturing defects: When the product departed from its intended design during the manufacturing process
- Failure to warn: When the manufacturer failed to provide adequate warnings or instructions about known risks
Warsaw Convention and Montreal Convention
When an aviation accident occurs during an international flight, the legal framework shifts from purely domestic law to international treaties. The two primary treaties governing international aviation liability are the Warsaw Convention and its successor, the Montreal Convention.
The Warsaw Convention (1929) was the original international treaty governing airline liability for international flights. While it has been largely superseded, it may still apply to flights between countries that have not ratified the Montreal Convention. The Warsaw Convention originally imposed strict liability caps on airline liability, though subsequent protocols modified these limits.
The Montreal Convention (1999) modernized the international framework and applies to most international flights today. Key provisions include:
- Two-tier liability system: Airlines are strictly liable for the first 128,821 Special Drawing Rights (approximately $175,000 USD) of proven damages, with no cap on total liability if the airline cannot prove it was not negligent
- Jurisdiction options: Passengers may sue in the country of the carrier's domicile, principal place of business, place where the ticket was purchased, or the passenger's permanent residence
- Advance payments: Airlines must make advance payments to meet immediate economic needs of injured passengers
Strict Liability for Aircraft Manufacturers
Aircraft manufacturers face strict liability for injuries caused by defective products under both Florida law and the law of most other states. This means that an injured party does not need to prove the manufacturer was negligent — only that the product was defective and that the defect caused the injury.
Strict product liability is particularly significant in aviation cases because aircraft and their components are complex, highly engineered products. Common manufacturing-related issues include:
- Structural failures: Metal fatigue, composite material delamination, or design weaknesses in the airframe
- Engine failures: Turbine blade failures, fuel system malfunctions, or bearing failures
- Avionics and instrument failures: Faulty flight instruments, navigation systems, or autopilot malfunctions
- Component failures: Landing gear malfunctions, hydraulic system failures, or electrical system defects
The General Aviation Revitalization Act (GARA) imposes an 18-year statute of repose on product liability claims against general aviation aircraft manufacturers. However, significant exceptions exist, including for aircraft that have been altered or modified contrary to manufacturer specifications. Our attorneys at Roselli & McNelis understand these complex legal issues and can help determine the best legal strategy for your aviation accident claim.