Based upon the FTCA, determine if the federal government and or the air traffic controller is potentially liable to the victims of the accident. Explain why or why not
The FTCA gives the limited waiver of government sovereign immunity when the employees are negligent within their scope of the employment. Therefore, the federal government is not held responsible and liable to the victims of the accidents. It gives that the government shall not be responsible when the agent commits torts of assault, false arrest, abuse of process, slander, deceit, battery or interference with the contract rights. They are also not responsible if the claim against the law is enforcement officers is slander, misrepresentation or interferes with the contract ("IATA - Essential Documents on International Air Carrier Liability"). The air traffic controller is held responsible depending on the activity that distracted him or her to commit the crime. If the employee were acting within the scope of his employment during the accident time, then the government would substitute as the party defendant. The employee would be entirely responsible if the crash occurred while performing other activities other than that assigned to him ("Private International Air Law | Institute of Air & Space Law - McGill University"). Both the government and the air traffic controller may be held liable if all the cases stipulated in the act are found to apply.
Basing on the lessons from the fundamental principles of the liability and aviation insurance, elaborate other entities that might be liable to the victims of the accidents
The law or the acts stipulated sometimes require the insurance company to compensate the victims of the aviation accidents. The compensation applies despite the fact that the amount is minimal to pay all the individuals or the victim of serious accident ("Suing the Government for Negligence: The Federal Tort Claims Act"). Lastly, regardless of whether insurance, the government covers the accident or the air traffic controller, the injured party is held much responsible for proving the essential elements of the personal injury case and ensuring that he gets the sufficient and efficient medicals.
Works Cited
"IATA - Essential Documents on International Air Carrier Liability." N.p., Web. 3 Mar. 2016.
"Private International Air Law | Institute of Air & Space Law - McGill University." Home Page | McGill University - McGill University. N.p., n.d. Web. 3 Mar. 2016.
"Suing the Government for Negligence: The Federal Tort Claims Act." Nolo.com. N.p., n.d. Web. 3 Mar. 2016.
