Instructor Liability Question

[flyf15]

Hey guys, out at the school today we instructors were talking about a hypothetical situation as follows.

A student comes to a CFII (Instructor A) to get his instrument rating. The training doesn't progress very well (for whatever reason you like, lots of weather delays, maintainence issues, schedule conflicts, ...) and the student gets fed up 3/4 of the way through the training. He decides to switch to another instructor (B), thinking the problem may lie with Instructor A not being a good/capable/competent instructor. Instructor B eventually gets him finished up, signs him off, he takes his checkride and is now happily instrument rated.

Somewhere down the line, this student has an accident/incident/violation/something (your choice) that is directly related to his instrument knowledge/capabilities. How liable is his original instructor, A? Would the FAA come after him? Would the student be able to successfully seek damages?



We couldn't really decide, but since this situation happens from time to time, we were all really wondering how liable we are for students such as these.

 

[avbug]

If the instructor has not violated a regulation, the FAA will not pursue enforcement action against the instructor.

Civil liability is another matter entirely. One may sue for anything, any time, and a lot of folks do.

Years ago I flew with an individual who was certificated, and was current in a Cessna 172. A local flying club for whom I did some work asked if I'd fly with the student as a courtesy, for a club "check-out." I had to go pick up a 182, and had the student fly me there in a 172. On the way we conducted the checkout, and he flew the airplane home. I didn't provide a flight review or any instruction, and my only required endorsement was a company one...a notation on a three by five card in a little plastic card file that the pilot had demonstrated 172 proficiency.

Fast forward a couple of years or so. The student goes to an unattended remote field and crashes the aircraft in a crosswind. He doesn't have a current flight review, recent flight experience, or a current medical certificate. In no way is he legal.

The flying club calls me and informs me of the crash, and then advises that they'll be suing me because I'm the last instructor with whom he flew. The insurance isn't going to pay because the student wasn't legal, and the school is going to lose a lot of money (like they were going to gain anything by suing me...quick class, what's a thousand times zero? Just about the same as zero times zero...).

Anybody can sue anybody anytime, for anything.

How deep are your pockets?

 

[flyf15]

Well I suppose none of us instructors really have to worry about having deep pockets.

That is a pretty crazy story about the club, what was the outcome of that? Sounds like the school really screwed up big time on that one.

 

[midlifeflyer]

Somewhere down the line, this student has an accident/incident/violation/something (your choice) that is directly related to his instrument knowledge/capabilities. How liable is his original instructor, A? Would the FAA come after him? Would the student be able to successfully seek damages?

Other than the generic "anyone can sue anyone at any time" philosophy, the CFI's =real= exposure in the hypothetical situation you describe is probably pretty small.

I've been running an on-line challenge since at least 2000 (I'm sure it's earlier but I can't verify it): Tell me about a real situation when a CFI was successfully sued because of something that happened when the CFI was not in the airplane. No urban legends allowed. No, "Well, I heard about this guy who was the third cousin of a nephew of my ex sister in law who..."

I have two. One actually. The second is an NTSB report that says the fatality was from improper instruction, so I figure it was close enough. Both cases involved student pilots having accidents on student solo flights.

Now, keep in mind that this does not mean that there weren't any claims. But it does suggest that whatever claims there are are taken care of by the CFI's insurance.

(BTW, ever hear of a medical school being sued for a doctor's malpractice based on an "improper instruction" theory?)

 

[avbug]

In my case the flight school came knocking first with warm greetings and offers of employment. When I stopped laughing, they offered money. Not very much, but some. When that didn't work came the threats of legal action. Finally, in the true spirit of the law, came the bargaining. The company offered to drop any pending legal action if I would back date an entry in the accident-pilot's logbook showing that I had given him a flight review.

I refused, and told them to take their best shot. I keep extremely detailed records of students, and the school knew it. I was able to show that I had specifically discussed with the accident-pilot the requirement for a current medical, a current flight review, and recency of experience. I also pointed out that had I given a flight review, it would have been unmistakable. I did not give a flight review, but merely observed the accident-pilot perform to acceptable practical standards. I encouraged the school to take whatever action they thought they might succeed, but cautioned them to be prepared for a countersuit and the associated backlash.

Lots of posturing and no action. Thanks largely to an anally detailed preponderance of documentation on my part, the whole thing just went away.

 

[NW_Pilot]

That’s why Insurance coverage cost so much and if there is a death that leads through a wrongful death suit "Robert Blake Case he was found not guilty in the criminal case" most insurance is inadequate or dose not cover wrongful death claims against you, Some people & insurance co's are sneaky also they will not even serve you or hire a flaky process server that will say they tried to serve you and were unable to find you & run an ad in the news paper notifying you of a suit! Then you know what happens you will default and you will find out when they start garnishing your wages.