Legal Aspects of Aviation Safety (LEGAL 18-1)

Course Description

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.

Note: This course is paired with the Role of the Technical Witness in Litigation course (TWW). The TWW course provides practical application of the concepts presented in the LEGAL course.

Objectives

To provide the individual with the skills and practical methods to plan, manage and maintain an effective Aviation Safety Management System (SMS).

Who Should Attend

Individuals in aviation safety who may be involved in aircraft accident investigation.

Course Outline

1. 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
2. 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 of Accident Response Planning
   • Private Accident Investigations – Work Product Protection
   • Accident Liability
   • Comparative Fault
   • Airline, Air Taxi, Corporate and G/A Accident Issues
   • ICAO
3. 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
4. Product Liability
   • Strict Liability in Tort
   • Basic Elements
   • Persons Liable
5. Current Issues
   • FOQA & ASAP
   • Voluntary Disclosure
   • Criminal Liability
   • Safety in Conflict with Legal Rights
   • Employer vs. Employee Issues
   • Avoiding Legal Exposure for Safety Managers

Course Duration:  2.0 Days

Register Here

Published on July 31st, 2017

Last updated on August 1st, 2017