The chapter on Tort Liability and Air Commerce is focused on tort law and how it influences the aviation industry. It addresses intentional, negligence, wrongful death and strict product liability torts. The aviation industry has adopted commendable safety mechanisms but whenever accidents occur, there is always a high potential for occurrence of significant challenges. The paper will summarize the key torts that affect the aviation industry while also providing key insights into the operations of the aviation industry. From this chapter, the most important idea is that the understanding of torts in the aviation industry can play a critical role in reducing insurance liabilities through reduction in malpractices in the aviation industry.
Intentional torts represents the first category of torts addressed this chapter. It is held that intentional torts are those torts that the wrongdoer intends to cause injury or harm. The chapter reviews the intentional torts against persons and property. Intentional torts to persons comprise of assault, defamation, battery, intentional infliction of emotional distress, and false imprisonment. Intentional torts to property consist of trespass to land, conversion of personal property, and trespass to personal property. Negligence is another tort addressed in the chapter and refers to the carelessness which results in harm. Negligence tort gives persons an opportunity to have their interests in economic security and safety protected from other people. The chapter provides the element of negligence in addition to the legal defenses against the negligence (Speciale, 93-103).
The chapter also addresses the tort of wrongful death which is very common in the aviation industry. Accidents can occur any time and cases of wrongful death are rampant. Under common law, an individual can be held liable for causing injury either negligently or intentionally to another person. The last issue addressed in the chapter is strict product liability which involves the theory of recovery of damages. The various torts have been used as a mechanism for maintaining order in the aviation industry in order to reduce risks in the aviation industry. The aviation industry experiences these challenges and remedies have to be devised to address any challenges that may arise in the course of duty.
Works Cited
Speciale, Raymond. Fundamentals of Aviation Law. McGraw Hill Professional, 2006.
