Sample Aviation Coursework Paper on Law and Legal Liability Claims in the Aviation Industry

Law and Legal Liability Claims in the Aviation Industry

 Law is defined as a body of rules of action or conduct prescribed by a controlling authority, and is characterized by its binding legal force that governs the conduct of human behavior (Bartsch, 2016). The world continues to formulate new laws in various fields as it embraces the advent of new technologies and industries. For instance, aviation laws have been created to govern the operations in the rapidly growing aviation industry. Aviation law governs a wide array of aviation activities that include operations, technical, security, and safety. However, the proliferation of aviation laws has evolved to encompass laws that are directed towards the protection of proprietary rights of both the individual and the state (Walker et al., 2014). A vast majority of people view air transport as one of the safest modes of transport. Certainly, the number of air accidents has significantly decreased due to the stringent measures that were put to prevent and mitigate air disasters. However, some of the gruesome air accidents were reported to have been caused by human error, mechanical failure, or terrorist activity. Additionally, some of the air accidents may be committed out of pure negligence, strict liability, and intentional acts. The company is thereby required to compensate the injured victim in form of legal liability claims for the tort claims (Haanappel, 2003). The effects of such accidents have resulted in not only destruction of property but also the loss of lives. In response to air accidents, the airlines and airplane manufacturers are usually placed in the spotlight as the surviving families file for legal liability claims (Leloudas, 2013). In the aviation industry, international treaties, federal laws, state laws, and intercarrier agreements play a critical role in determining the legal liability claims (Haanappel, 2003). In certain cases, liability may be imposed to the airline regardless of the care taken. This is called absolute liability as the injured victim is compensated for the damages incurred. This is why most airlines insure themselves against losses filed by the surviving beneficiaries. The insurance companies thereby take the bulk responsibility by awarding families and respective parties who have filed legal liability.

References

Walker, T. J., Walker, M. G., Thiengtham, D. N., &Pukthuanthong, K. (2014). The role of aviation laws and legal liability in aviation disasters: A financial market perspective. International Review of Law and Economics, 37, 51-65. https://pdfs.semanticscholar.org/98a9/1ba908de29a6c82beebed5106ec6103b02e4.pdf

Bartsch, R. I. (2016). International aviation law: A practical guide. Routledge. https://books.google.co.ke/books?id=1R03DAAAQBAJ&printsec=frontcover&dq=Bartsch,+R.+I.+(2016).+International+aviation+law:+A+practical+guide&hl=en&sa=X&ved=0ahUKEwj3mbCHw5bcAhXnDcAKHbjxBewQ6AEIJzAA#v=onepage&q&f=false

Haanappel, P. P. C. (2003). The law and policy of airspace and outer space: A comparative approach. The Hague: Kluwer Law Internat. https://books.google.co.ke/books?id=BPLi2qSuBR0C&printsec=frontcover&dq=The+law+and+policy+of+airspace+and+outer+space:+A+comparative+approach.&hl=en&sa=X&ved=0ahUKEwiluZ-8w5bcAhWKBcAKHW_vBDMQ6AEIJzAA#v=onepage&q=The%20law%20and%20policy%20of%20airspace%20and%20outer%20space%3A%20A%20comparative%20approach.&f=false

Leloudas, G. (2013). Risk and Liability in Air Law.Informa Law from Routledge. https://books.google.co.ke/books?id=22gYA_uxQ1oC&printsec=frontcover&dq=Risk+and+Liability+in+Air+Law&hl=en&sa=X&ved=0ahUKEwiVsdLsw5bcAhXDIcAKHXY8A0UQ6AEIJzAA#v=onepage&q=Risk%20and%20Liability%20in%20Air%20Law&f=false