AVIATION LITIGATION

Tripp Scott’s aviation litigation practice includes board-certified attorneys in both civil trials and aviation law. Attorneys include pilots and engineers who have handled hundreds of aviation accident cases and have the resources and capability to handle the full range of litigation matters that arise from aircraft accidents.

Those involved in this litigation can include the pilots, aircraft owners, aircraft manufacturers, maintenance facilities, and the Federal Aviation Administration as the aircraft controllers. This litigation includes personal injury claims, wrongful death claims, and insurance coverage issues. 

We encourage you to review and compare the background and experience of Tripp Scott’s aviation attorneys and note that we have sufficient resources to effectively prosecute an action against large aviation defendants and large aviation defense law firms.

Aviation attorneys must be familiar with the Federal Statutes related to aviation and the Federal Aviation Regulations.  The following Treaties and Federal Statutes may be applicable in aviation crashes or aviation disasters:  

• The Death on the High Seas Act is a federal law that applies to deaths that occur on the high seas.

• The Federal Aviation Act created the Federal Aviation Administration and enables the Federal Aviation Administrator to approve regulations to promote aviation safety.

• The General Aviation Revitalization Act ("GARA") with exceptions, GARA provides immunity to aviation manufacturers for airplanes and helicopters that are over 18 years old.

• The Montreal Convention is an international treaty adopted in 1999 that governs international flights.  The Montreal Convention, in most circumstances, replaced the Warsaw Convention.

• The Federal Aviation Administration is the federal agency responsible for aviation safety in the United States. The FAA provides air traffic control, pilot and aviation mechanic licensing and oversight, airport safety, and a variety of other services related to aviation and aviation safety. The FAA will assist the NTSB in its investigations of airplane or helicopter crashes. The FAA will also investigate incidents that may potentially impact aviation safety.

The aviation lawyer must be familiar with State and Federal law related to:

• Jurisdiction and Venue Laws to determine where litigation may be brought.

• Choice of Law Rules to determine what State’s substantive law will be applied to a case. Each potential forum's laws must be thoroughly evaluated before deciding where to bring an aviation case.

• Negligence Laws or causes of action are established by state law.  In aviation cases, pilot negligence and aviation mechanic negligence, or maintenance negligence, can be the basis for a victim’s claim for damages.

• Products Liability Laws govern the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products. The purpose of products liability laws is to protect consumers from dangerous products, while holding manufacturers, distributors, and retailers responsible for putting into the marketplace products that they knew or should have known were dangerous or defective. Products liability law is almost always state law, and aviation lawyers must understand each potentially applicable products liability law in order to properly represent victims of aviation accidents.

• Wrongful Death Law: Federal or state law that provides a right of action to the survivors of a person killed because of the negligence of a defendant or where the defendant is otherwise liable for the death. See, e.g., Death on the High Seas Act.

• Statutes of Limitations limit the time in which to bring an action. In aviation cases, the statute of limitation is usually the applicable state or federal wrongful death or personal injury statute of limitation. Statute of limitations may be tolled under certain circumstances. An aviation lawyer must be familiar with all of the potentially applicable statutes of limitations and the choice of law rules that will determine which statute may apply to aviation litigation.

Statute of Repose differs from statutes of limitations in that it cuts off the potential products liability of an aviation manufacturer (or other product manufacturer) after a given time following the products manufacture and sale.  GARA establishes a statute of repose in certain aviation crash cases. Aviation lawyers and aviation attorneys must be familiar with aviation insurance coverage.

A Commitment to Service, a Reputation for Results

If you or your family have recently been affected by an aviation accident — we encourage you to find out what your legal options are and to contact our firm for a free consultation. Plaintiffs' personal injury claims are handled on a contingent-fee basis — you pay no fees unless we obtain compensation on your behalf.

Business Aviation

Financing purchasing, selling, and leasing commercial significant financial disputes, and our team of litigation attorneys provides expert representation to clients to resolve insurance coverage issues, warranty claims, partnership disputes, and aircraft lien foreclosures. 

Years of experience enable us to provide clients with representation they can trust, regardless of where their interests in an aviation-related matter may lie. Equally important is our emphasis on personal service. Here, clients work closely with an experienced firm director and receive services that are tailored to meet their specific needs. In addition, attorneys in our aviation practice group collaborate with members of the firm's corporate, finance, government affairs, environmental law, and litigation practices, on an as-needed basis, to provide clients with an integrated approach to handling these complex issues.