Chapter 7, ‘Aviation Accident Law’, addresses the various facets allied to aviation accident law. The chapter presents the basic comprehension of tort law, the variations between negligent, intentional and strict liability. More so, the chapter also expounds on the difference between private and public sector liability (Pearson & Daniel 161). Most importantly, the chapter expounds on tort law is applicable in aviation. It is worth mentioning that aviation accident law is a part of the law, which mainly deals with matters regarding air travel. Air travel requires advanced knowledge of aviation and its laws. People engage in different activities when travelling such as accidents. Therefore, it is imperative for them understand the binding laws as presented under the aviation accident law.
The chapter covers the law of tor, which is composed of three categories – intentional, negligent and the strict liability tort laws. With the intentional tort law, the tortfeasor acts in a way that he or she is certain that damage will occur. On the other hand, with the negligent tort, the tortfeasor does not intend to cause any damage and this is concluded as an accident (Pearson & Daniel 181). With the strict liability tort does not matter on the degree of carefulness, but mainly relies on the fact that damage has occurred.
The United States aviation law defends its air traffic controllers and other government employees if there is negligence when they are on the job. The government Attorney investigates and certifies that the employee was acting within the course and scope of the employment. When it is determined that the employee was acting according to regulations, the government takes over as the defendant and will pay for damages.
The Federal Aviation Administration makes sure that manufacturers comply with the required safety standards, which adequately satisfy the goals of safety in air transport. This requires judicial intervention in order to ensure that agencies exercise their regulatory functions (Pearson & Daniel 183). The FAA employees are tasked with ensuring compliance of manufacturers according to agency directives and they are in turn protected by discretionary function exception.
Pearson, Michael W, and Daniel S. Riley. “Aviation Accident Law.” Foundations of Aviation Law, Routledge, 2016, pp. 161-190.