Legal Aspect of Aviation Security and Safety

This course is designed to provide information on the legal risks inherent in aviation operations and an overview of the legal system as it relates to aviation safety.  The judicial process, current litigation trends, legal definitions and procedures will be covered. 

To provide the participant with a working knowledge of the legal processes and trends affecting aviation safety. 

CONTENT

Aviation Accident Litigation

• Civil Litigation
• How a Case Is Structured
• Discovery
• Deposition
• Trial
• Damages/Insurance factors
• FAA/TSA/DOT Regulations
• Sources of Law
• Legal Terminology

Legal Aspects of Accident Investigation

• Jurisdiction of Federal Agencies
• Investigative Power vs. Private Rights
• NTSB Probable Cause Safety Investigations
• FAA Role
• Accident Reports and Litigation
• Witness Statements
• Legal Issues - Accident Response Planning
• Private Accident Investigations - Work Product Protection
• Accident Liability
• Comparative Fault
• Airline, air taxi, corporate and G/A accident issues
• ICAO

Pilot’s Duty of Care and Legal Aspects of Selected Safety Regulations

• • Role of Governmental Agencies in Enforcing Aviation Safety Regulations
  • FAA Enforcement Alternatives
    • Administrative/Criminal Action
  • Compliance with Safety Regulations
    • Deviation and Non-Compliance
  • Affirmative Defenses, Waivers and Mitigating Factors
  • Aviation Standards of Care: FAR's, Advisory Circulars
  • Special Legal Doctrines Involving Aviation Safety
    • Case Study - Analyzing legal issues
    • Burden of Proof, negligence
    • FAA’s Emergency Orders
    • Accident/Incident Reports

Product Liability

• Strict Liability in Tort
• Basic Elements
• Persons Liable

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.