Running head: LIABILITY & NEGLIGENCE 1

Liability & Negligence

Austin Peay

Utah Valley University

AVSC 3020

Prof. Smith
LIABILITY & NEGLIGENCE 2

The parties that I found whom are liable in the scenario presented are first the pilot, the

aircraft owner, which in this case is also the pilot, and potentially the manufacturer or mechanic

who serviced the aircraft.

The insurance company would not be held liable because the accident happened during

flight. As mentioned in the scenario, the pilot only had all risk coverage on the ground. He was

also flying recreationally therefore there is no employer who is impacted by this accident. The

pilot is liable to damages to the people affected by the impact of the aircraft on the ground. Also,

the families of the deceased could file a lawsuit and hold the pilot liable. More so, The Pilot and

owner of the aircraft is liable because he violated laws in operating the mulit-engine aircraft on a

single engine rating. He wasn’t qualified to fly this aircraft and had a duty of care to his

passengers, which was neglected by his actions to operate his aircraft illegally.

Depending on what caused the accident, the pilots can attempt to file a lawsuit against the

manufacturer or mechanic who did the recent repairs on the aircraft. However, it is not likely that

he will gain any ground considering his own actions and their impact on the accident. Namely

the fact that he was flying outside of his current ability and rating requirements.

Needless to say, the pilot will be in a difficult circumstance and will be facing future

lawsuits after his recovery. If he were to have purchased liability insurance covering bodily

injury, including and excluding passengers, and also property damage insurance he would be in a

better situation.