We were recently contacted about a small plane accident resulting in one fatality and multiple injuries. It surprised us to learn that the educated family of one of the injured passengers was not aware of their rights against the negligent pilot. But then again, why would they be. Here’s a brief overview of aircraft pilot liability based upon California law.

In California, the same rules of tort law that determine liability for death, injury, or property damage on land and water are also applied to aircraft pilots and owners. Aviation is not an ultrahazardous activity for which liability without fault may be imposed. In other words, some type of fault must be found before liability is imposed upon a responsible pilot.

Generally speaking, a pilot may be negligent in takeoff, landing, or taxiing; operating instruments and controls; complying with traffic patterns and right-of-way rules; choosing a landing field; keeping a lookout; landing with obscured visibility; maintaining proper altitude, speed, and direction of approach; or landing downwind.

Other special negligence issues may arise from the following: (1) Flying in or through adverse weather conditions with inadequate equipment or a limited license, or while in poor physical or mental condition; (2) Insufficient pilot experience and (3) Failing to anticipate or take precautions against turbulence or other air or weather conditions.

Pilot negligence may also be found in cases involving the following types of cases (1) Midair or ground collisions, (2) Claims of overloading or improper positioning of the load and (3) Violations of federal air regulations or customary or recommended operating practice.

It should be noted that clearance by air traffic controllers does not relieve a pilot of the ultimate responsibility for the safe operation of the aircraft. Just as with a ship on the water, a pilot is the captain of his plane. On the other hand, reliance on air controllers may be reasonable under the circumstances.

A pilot is required to search thoroughly and diligently for other aircraft, but failure to avoid a midair collision is not necessarily negligence as a matter of law. It is also interesting to note that the duty of vigilance owed by pilots extends to all who share control of the aircraft, including a student pilot and a flight instructor.

If you or a family member have experienced a catastrophic injury or wrongful death because of the wrongful conduct of another person or company, you may be entitled to compensation. Please contact us to get your questions answered today!