State laws
Domestic flights involve flights between cities and states in the same country. In this instance, the local laws of the state or country will control any litigation, rather than international treaties, although many states and countries have adopted the Montreal Convention as local law.
In the United States, state laws govern personal injury, property damage, or wrongful death claims in cases of aviation accidents.
Negligence: If there is evidence that the carrier or pilot acted carelessly, an injured passenger can file a negligence claim against the airline or pilot to recover damages. The victim has to prove that the airline or pilot was negligent and that their negligence led to the accident and consequent injuries.
Product liability: Catastrophic mechanical failures or defective parts in an aircraft can lead to grievous injuries or death. A victim has to prove that a manufacturing or design defect of the aircraft resulted in the accident and injury.
Wrongful death: The families and relatives of a victim who dies in an aviation accident can initiate a wrongful death action against the airlines or the pilot. Wrongful death claims also depend on proof of negligence or product liability.
Federal laws
Federal Aviation Administration (FAA) regulations
The FAA is responsible for issuing and enforcing aviation safety regulations, overseeing airspace and traffic management, and constructing and upkeeping air navigation infrastructure. The FAA prescribes the Federal Aviation Regulations (FAR), which govern all aviation activities in the United States. The FARs regulate activities such as the design and maintenance of aircraft, airline flights, and pilot training. These regulations are detailed in Title 14 of the Code of Federal Regulations. Complying with FAA regulations lowers the risk of aviation accidents and increases chances of safe flight.
National Transportation Safety Board (NTSB)
The NTSB is an independent federal agency that investigates all aircraft accidents to determine the probable cause of the accident. NTSB also makes safety recommendations to aid airlines in avoiding future accidents.
Federal Tort Claims Act
The Federal Tort Claims Act allows victims to file a lawsuit against the FAA when the crash can be attributed to an FAA employee (e.g., an air traffic controller).
General Aviation Revitalization Act (GARA)
The General Aviation Revitalization Act limits the period for filing a product liability lawsuit against manufacturers of aircraft that carry fewer than 20 passengers and parts for such aircraft. Under GARA, claims for injury or death due to defects in such aircraft may not be filed against a manufacturer for defects in any product more than 18 years old at the time of the accident.
Aviation Disaster Family Assistance Act
The Aviation Disaster Family Assistance Act mandates that the airlines and NTSB assist the families of individuals involved in an airplane accident. Under the Act, NTSB serves as a liaison to coordinate the communication of information between the airlines and the families of those involved in an aviation accident. The Act also requires the federal government to provide counseling and mental health services to family members.
