Standards of Liability
Civil Liability
Simple negligence is the least culpable level of legal liability. It is usually defined as the failure to exercise "ordinary care in the circumstances." Liability does not attach to such misconduct unless the negligence is a cause of injury or damages. In the aviation industry, the violation of regulations such as the FARs, and failure to comply with good operating practices or procedures, may constitute a breach of the duty to exercise ordinary care. In this regard, airline and Part 135 charter operators are held to the "highest duty of care" because they act as common carriers when holding themselves out to the public — they carry anyone for hire. Private operators on the other hand are generally held to the standard of "ordinary care."
Federal Aviation Administration enforcement actions involve a different type of civil liability. The FAA is empowered by the Federal Aviation Act to issue certificates and licenses to regulate the industry. As a result, the FAA can bring enforcement actions and revoke or suspend the certificates or issue civil penalties when there have been violations of their rules. These proceedings are administrative law proceedings and are not criminal in nature. Indeed the FAA itself cannot bring criminal charges against aviation professionals; the FAA must refer such charges to the U.S. Justice Department for prosecution.
Criminal Liability
Criminal liability is established by federal criminal statute and various state criminal laws. It is important to understand that every state has its own criminal laws, and these laws vary significantly from state to state. Further, the states are not preempted from enacting laws to impose criminal sanctions on aviation personnel who engage in reckless conduct leading to injury, death or property damage.