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Government Liability in Aviation Accident Cases
The federal government, through the Federal Aviation Administration, oversees all air traffic in the US. As such, the federal government can be held liable in an aviation accident case for negligence that causes injuries, death or property damage. In addition, many airports and airport-related operations are run by state or county governments or by municipal corporations. Depending on the laws of your state, these entities may be immune from suit for tort liability. An experienced lawyer at Clancy Law in Saint Charles, IL can answer your questions about governmental immunity.
Liability of the Federal Government: Federal Tort Claims Act
A primary duty of the federal government, through the Air Traffic Control System (ATC) of the Federal Aviation Administration (FAA), is to oversee all air traffic. The US can be held responsible for injuries, death or property damage in an aviation accident case under the Federal Tort Claims Act. The Federal Tort Claims Act (28 U.S.C. §§ 2671-2680) waives the federal government's immunity from tort liability for the acts of its officers, employees and representatives, with certain exceptions. One such exception is that the Act does not apply to "any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid." 28 U.S.C. § 2680(a). To prevail in a suit for injury, death or property damage arising out of an aviation accident, the plaintiff must prove that the US was negligent, and that this negligence was the proximate cause of the accident.
Other Federal Laws
In addition to the Tort Claims Act, there are a few other statutes, which may be used for claims against the US in cases arising out of aviation accidents. The Military Claims Act (10 U.S.C. § 2733) provides a remedy against the US where an accident is caused by military activity but without negligence. A claim against the US related to an aviation accident on the high seas arising under general maritime law can be brought under the Suits in Admiralty Act (46 U.S.C. § 745).
State Liability
Some airport and aviation operations are overseen by the state. It is well established that states generally enjoy sovereign immunity. States are immune from suit in all types of cases unless they agree to be sued or waive immunity. This generally includes immunity from tort liability in aviation accident cases. Some states have enacted laws that do away with immunity from suit and immunity from tort liability. In addition, many states now have tort claims acts modeled after the Federal Tort Claims Act, which waive the states' tort liability in certain cases. Depending on the state, an individual may be able to recover from a state for injuries sustained in an aviation accident.
Municipal Corporation Liability
Municipal corporations run many airports, and if you are injured in an airport accident, you may want to include the municipal corporation that runs the airport as a defendant in a lawsuit. In some states, there is no municipal immunity at all for tort liability, regardless of whether their actions were governmental or proprietary (private) in nature. Other states have enacted laws that give municipal corporations immunity from liability in connection with airport operations. Still other states hold municipalities liable for negligence in the operation of airports where the action is proprietary, but immune where it is governmental in nature. These states may even classify the operation of an airport as a "government" function. Other states have laws that classify the operation of municipal airports as a private or proprietary function rather than a government function and provide that a municipality can be liable for negligence.
County Liability
Whether a county that engages in airport operations is immune from tort liability depends upon the laws of the specific state. Some states have done away with county immunity by enacting tort claims acts. In other states, counties still enjoy immunity as an extension of the state's sovereign immunity. In still other states, there is specific legislation that creates county immunity in cases involving airport torts. Finally, there are some states that follow the governmental or proprietary distinction for counties so that where airport operation is deemed proprietary, the county can be held liable for airport operation, but where airport operation is deemed to be a government function, the county is immune.
Conclusion
The issues of governmental liability and immunity can be difficult. If you have questions about governmental liability and whether you may be able to hold the government liable for injuries you sustained in an aviation accident, talk to an experienced attorney at Clancy Law in Saint Charles, IL.
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