Aviation Law Cases: Crash Liability, Passenger Rights, Deadlines

Aviation law is the body of federal statutes, international treaties, administrative regulations, and tort doctrines that governs everything involving civil aircraft, from catastrophic crashes and manufacturer liability to FAA certificate discipline and everyday consumer complaints about cancelled flights. Because aircraft cross state and national borders as a matter of routine, most of the governing rules come from federal or international sources rather than state law, and the deadlines for acting on a claim are unusually short and unusually unforgiving.

Who Is Liable When an Aircraft Crashes

A lawsuit following a crash or an in-flight injury almost always sounds in negligence or product liability. Negligence claims target the airline, pilot, or maintenance provider for failing to exercise reasonable care. Product liability claims go after the aircraft or component manufacturer, alleging a defective design or manufacturing flaw. The plaintiff has to prove the defendant’s conduct directly caused the harm.

These cases are expensive and technically demanding. Plaintiffs typically retain aviation engineers, metallurgists, and human-factors experts to reconstruct what happened. The National Transportation Safety Board investigates most serious accidents and publishes factual reports, but those reports are inadmissible as evidence of liability in court. Parties must develop their own expert testimony independent of the NTSB findings.

Fatal Accidents on the High Seas

For fatal accidents occurring on the high seas beyond three nautical miles from the U.S. shore, the Death on the High Seas Act provides the exclusive remedy.¹ Recovery under DOHSA is limited to pecuniary loss: lost financial support, funeral expenses, and similar economic damages, but not compensation for grief or emotional suffering.²

A 2000 amendment carved out an exception for commercial aviation. When a commercial plane crash occurs beyond 12 nautical miles from shore, families of passengers killed in the accident can also recover non-pecuniary damages for loss of care, comfort, and companionship. The amendment does not open the door to punitive damages or compensation for the victim’s pre-death pain and suffering. For crashes closer to shore, state wrongful death laws apply instead of DOHSA and often allow a broader range of damages.

When Air Traffic Control or Another Federal Actor Is at Fault

If an accident traces back to negligent air traffic control or another federal government failure, the Federal Tort Claims Act is the path to recovery. The FTCA requires the injured party to file an administrative claim with the responsible agency within two years of the incident. If the agency denies the claim or fails to resolve it within six months, the claimant has six months from that denial to file suit in federal court. Miss either deadline and the claim is permanently barred.

The 18-Year Cutoff for General Aviation Manufacturers

General aviation aircraft often stay airworthy for decades, and manufacturers used to face open-ended liability for aging planes long after the original design left the factory. The General Aviation Revitalization Act of 1994 imposed an 18-year statute of repose on product liability claims against manufacturers of general aviation aircraft with 20 or fewer seats not used in scheduled commercial service.³ Once 18 years have passed since the aircraft or replacement part was first delivered to a purchaser, the manufacturer is shielded from suit regardless of when the crash occurred.

GARA has important exceptions. The repose period does not apply if the manufacturer knowingly misrepresented or withheld safety information from the FAA and that information is relevant to the accident. It also does not protect manufacturers from claims brought by people injured on the ground, such as bystanders or homeowners near a crash site, or from claims involving passengers on emergency medical flights. Written warranty claims can survive past the 18-year cutoff as well.³

International Flights and the Montreal Convention

Liability for injuries, deaths, and baggage problems on international flights is governed by the Montreal Convention of 1999, which replaced the older Warsaw Convention.⁴ The treaty applies whenever a passenger travels between two countries that have ratified it, which now covers most of the world’s major aviation markets.

Two Tiers of Liability

The Convention uses a two-tier approach to passenger injury and death claims. Under the first tier, the airline is strictly liable for proven damages up to 151,880 Special Drawing Rights (an international monetary unit roughly equivalent to $1.30–$1.40 USD) per passenger. The airline cannot contest fault within that threshold. Above that amount, the airline escapes liability only if it proves the harm was not caused by its own negligence or was caused solely by a third party.⁵ In practice, liability for serious accidents is effectively uncapped whenever the airline bears any fault.

Separate limits apply to baggage and delay claims. For lost, damaged, or delayed checked baggage, carrier liability is capped at 1,519 SDR per passenger. For delays in transporting passengers, the cap is 6,303 SDR per passenger. These limits were most recently revised effective December 28, 2024, and are periodically adjusted for inflation by the International Civil Aviation Organization.⁶

Where and When You Can Sue

The Convention limits where a lawsuit can be filed. A passenger generally must bring suit in the country where the carrier is domiciled, has its principal place of business, has a place of business through which the ticket was purchased, or at the destination. The treaty also added a “fifth jurisdiction”: if the carrier operates in the country where the passenger has a permanent residence, the passenger can file there.

The deadline is strict. Article 35 extinguishes the right to sue if no action is filed within two years of the date the flight arrived at its destination, the date it should have arrived, or the date carriage stopped.⁷ Courts treat this as an absolute bar rather than a flexible statute of limitations. Two years and one day late is dead, regardless of the reason.

FAA Enforcement Against Pilots and Operators

The FAA polices compliance with federal aviation regulations through enforcement actions against certificate holders including pilots, mechanics, and air carriers.⁸ Common violations include flying with an expired medical certificate, failing to perform required maintenance, and falsifying logbooks or other mandatory records. Depending on the severity, the FAA may issue a warning letter, impose a civil penalty, or move to suspend or revoke the certificate entirely.

A certificate holder who receives a suspension or revocation order can appeal to the National Transportation Safety Board, but the notice of appeal must be filed within 20 days of receiving the FAA’s order.⁹ The case is first heard by an NTSB administrative law judge, whose decision can be appealed to the full NTSB Board and, from there, to a United States Court of Appeals.⁸ The 20-day window is easy to miss and fatal to the appeal if you do.

Civil Penalties for Unruly Passengers

Assaulting, threatening, or interfering with a flight crew member is a federal offense that exposes passengers to significant civil penalties. Under 49 U.S.C. § 46318, anyone who physically or sexually assaults or threatens a crew member or another person on an aircraft, or takes any action posing an imminent threat to the safety of the flight, faces a civil penalty of up to $35,000 per incident, periodically adjusted upward for inflation.¹⁰ Separate regulatory violations for interfering with crew duties carry their own penalties on top of the statutory amount.

Since 2021 the FAA has operated a zero-tolerance policy for unruly passenger conduct, skipping warnings and compliance counseling and proceeding directly to civil penalty action. The specific amount is determined by the severity of the violation, the passenger’s culpability, and any aggravating or mitigating circumstances. Criminal prosecution through the Department of Justice is also possible in the most serious cases, particularly those involving physical assault.

Passenger Rights and Consumer Protections

Travelers With Disabilities

The Air Carrier Access Act prohibits airlines from discriminating against passengers with physical or mental disabilities.¹¹ Airlines must provide assistance with boarding and deplaning, and aircraft with 100 or more seats must have priority cabin storage space for a folding wheelchair.¹²

An airline can refuse to transport a passenger with a disability only when carrying that person would genuinely jeopardize the safety of the flight. If the airline makes that call, it must provide a written explanation within 10 days if the passenger requests one.¹³ The explanation has to identify the specific safety concern, not just recite a blanket policy. ACAA complaints can be filed directly with the Department of Transportation, which investigates and can impose penalties on noncompliant carriers.

Getting Bumped From an Oversold Flight

When an airline oversells a flight and cannot get enough passengers to voluntarily give up seats, federal rules require it to compensate the passengers who get bumped. The compensation depends on how long the alternative flight delays your arrival:

Under 1 hour late: no compensation required.
1 to 2 hours late on a domestic flight, or 1 to 4 hours late on an international flight: 200% of the one-way fare to the destination, up to $1,075.
Over 2 hours late domestic, or over 4 hours late international: 400% of the one-way fare, up to $2,150.

These amounts, effective as of January 2025, are periodically adjusted for inflation.¹⁴ The compensation is in addition to the airline’s obligation to get you to the destination. Airlines can always offer more than these minimums, and passengers who voluntarily give up their seats negotiate their own deal.

Tarmac Delays

Federal rules prohibit airlines from keeping passengers stuck on a plane on the tarmac for more than three hours on domestic flights and four hours on international flights without giving them the opportunity to deplane.¹⁵ Airlines must provide food, water, and working restrooms during the wait. Violations expose the carrier to DOT enforcement action.

Automatic Refunds for Cancelled and Delayed Flights

Under DOT rules finalized in 2024, airlines must automatically issue cash refunds when a flight is cancelled and the passenger is not rebooked, or when a flight is significantly changed and the passenger declines the new itinerary. A “significant change” means a domestic flight that departs or arrives three or more hours off schedule, or an international flight that departs or arrives six or more hours off schedule. Changes to the origin or destination airport, added connections, or a downgrade in cabin class also qualify.¹⁶

The refund must be issued within seven business days for credit card purchases and 20 calendar days for other payment methods. Airlines must refund the full ticket price, including all taxes and fees, in cash or the original form of payment. They cannot substitute vouchers or travel credits unless the passenger voluntarily accepts them, and any voucher offered as an alternative must remain valid for at least five years.¹⁶ Passengers who paid a baggage fee are also entitled to a refund if the airline declares the bag lost or the bag is significantly delayed.¹⁷

Airport Noise and Neighboring Property

Airport operations regularly spark legal fights with neighboring communities. The Supreme Court settled the core jurisdictional question in City of Burbank v. Lockheed Air Terminal, holding that the federal government, through the FAA and the EPA, has preempted the field of aircraft noise regulation. Local governments cannot impose their own operational curfews or noise restrictions on flights.¹⁸

That does not leave residents without a remedy. In Griggs v. Allegheny County, the Court held that the airport proprietor, meaning the local government or authority that decided where to build the airport and what flight paths it would require, is responsible for the resulting noise impacts. When aircraft noise is severe enough to diminish the use and value of neighboring property, the proprietor has effectively taken an air easement and owes just compensation under the Fourteenth Amendment.¹⁹ Any noise abatement measures the airport adopts, such as preferential runway assignments or approach path modifications, must be reasonable and non-discriminatory rather than targeting specific airlines.

The Deadlines That Kill Aviation Claims

Aviation claims are governed by some of the hardest deadlines in civil litigation. Missing any of them typically destroys the case entirely, with no judicial discretion to extend the clock.

Montreal Convention claims: two years from the date the flight arrived, or should have arrived, at the destination. Courts treat this as an absolute bar, not subject to tolling or equitable excuses.⁷
Federal Tort Claims Act claims for FAA or ATC negligence: two years from the date of injury to file an administrative claim with the federal agency, then six months from any denial to file suit in federal court.
FAA certificate appeals: 20 days from the date of service of the FAA’s suspension or revocation order to file a notice of appeal with the NTSB.⁹
GARA statute of repose: product liability claims against general aviation manufacturers are barred 18 years after the aircraft or replacement part was first delivered.³
State tort claims: statutes of limitations for personal injury and wrongful death vary by jurisdiction, typically ranging from one to six years. Domestic accident cases not covered by a federal statute or international treaty follow the applicable state deadline.

Several of these deadlines start running from the date of the accident rather than the date the injured party realizes they have a claim, and the consequences of missing them are permanent. If you think you have an aviation claim, or a certificate action has just landed on your desk, consulting an aviation attorney early is worth more here than in almost any other area of civil practice.

1
Office of the Law Revision Counsel. 46 USC 30302 – Cause of Action
2
Office of the Law Revision Counsel. 46 USC 30303 – Amount and Apportionment of Recovery
3
GovInfo. General Aviation Revitalization Act of 1994
4
International Air Transport Association. Convention for the Unification of Certain Rules for International Carriage by Air
5
International Air Transport Association. Convention for the Unification of Certain Rules for International Carriage by Air – Articles 17 and 21
6
International Civil Aviation Organization. 2024 Revised Limits of Liability Under the Montreal Convention of 1999
7
International Air Transport Association. Convention for the Unification of Certain Rules for International Carriage by Air – Article 35
8
Federal Aviation Administration. Legal Enforcement Actions
9
National Transportation Safety Board. How to File an Appeal
10
Office of the Law Revision Counsel. 49 USC 46318 – Interference With Cabin or Flight Crew
11
Office of the Law Revision Counsel. 49 USC 41705 – Discrimination Against Individuals With Disabilities
12
U.S. Department of Transportation. About the Air Carrier Access Act
13
eCFR. 14 CFR 382.21 – May Carriers Limit Access to Transportation
14
Federal Register. Periodic Revisions to Denied Boarding Compensation and Domestic Baggage Liability Limits
15
U.S. Department of Transportation. Enforcement Policy on Extended Tarmac Delays
16
U.S. Department of Transportation. What Airline Passengers Need to Know About DOT’s Automatic Refund Rule
17
U.S. Department of Transportation. Lost, Delayed, or Damaged Baggage
18
Justia U.S. Supreme Court Center. City of Burbank v. Lockheed Air Terminal, Inc.
19
Justia U.S. Supreme Court Center. Griggs v. Allegheny County