Aviation Laws and Regulations: How They Impact Your Case
When an aviation accident occurs, the path to justice runs through a dense web of local, federal, and international regulations. Identifying which rules were broken—and who is accountable—can make or break your case. At Podhurst Orseck, our aviation accident attorneys have decades of experience untangling these laws, working with technical experts, and holding both corporate and government entities accountable when they fail to protect passengers, crew, and the public.
Over Four Decades: Navigating Aviation Laws & Regulations
For more than 40 years, Podhurst Orseck has guided clients through the complex web of aviation laws and regulations that govern international and domestic air travel. Aviation cases often involve overlapping federal regulations, international treaties like the Montreal and Warsaw Conventions, and proceedings before agencies such as the FAA and NTSB. They may also require navigating multidistrict litigation in the U.S., conflicts of law, or claims involving foreign governments and international carriers.
Our attorneys have represented clients from over 40 countries, securing multi-million-dollar verdicts and settlements while shaping aviation safety reforms worldwide. By working alongside aviation engineers, crash investigators, and regulatory experts, we uncover the truth, enforce compliance with aviation law, and hold negligent airlines, manufacturers, and regulators accountable. With unmatched experience in both domestic and cross-border aviation claims, Podhurst Orseck continues to be a trusted leader in protecting passenger rights and advancing safer skies.
Why Aviation Regulations Matter in Accident Litigation
Aviation is one of the most heavily regulated industries in the world, and for good reason—when safety rules are ignored, lives are on the line. In aviation litigation, proving a violation of law or regulation can:
- Establish negligence or recklessness.
- Show a pattern of unsafe conduct by an airline, manufacturer, or government agency.
- Unlock additional damages under specific treaties or statutes.
- Strengthen settlement leverage against defendants.
From maintenance logs to pilot training records, we know where to find the regulatory evidence that matters in court.
How Violations Are Proven in Court
Holding an airline, manufacturer, or government agency liable often involves proving a breach of specific regulations. Our process may involve:
- Reviewing flight data and maintenance logs
- Analyzing FAA or ICAO inspection and compliance records
- Comparing crew actions against mandatory safety procedures
- Working with former regulators, pilots, and engineers as expert witnesses
- Linking regulatory violations to the cause of the crash or incident
Common Regulatory Failures in Aviation Cases
- Improper aircraft maintenance in violation of FAA airworthiness standards
- Pilot fatigue due to noncompliance with duty-time regulations
- Defective aircraft parts approved without proper certification
- Air traffic control errors linked to procedural lapses
- Security gaps that allow prohibited items or dangerous individuals on board
The Agencies and Authorities That Shape Aviation Law
Aviation law is not governed by one body; it’s an intricate network of agencies and organizations, each with its own role in regulating safety, investigating accidents, and enforcing compliance.
Federal Aviation Administration (FAA): The Backbone of U.S. Aviation Safety
The FAA oversees nearly every facet of civil aviation in the United States—from pilot licensing and aircraft certification to maintenance standards and air traffic control. Its rules, found in the Federal Aviation Regulations (FARs), apply to commercial airlines, private pilots, repair stations, and manufacturers alike.
When FAA safety regulations are violated, the consequences can be catastrophic. In litigation, FAA enforcement records, technical reports, and airworthiness directives often serve as critical evidence of negligence. Our attorneys regularly use this data to reveal unsafe practices and strengthen our clients’ claims.
Transportation Security Administration & Homeland Security: Aviation Security Oversight
The TSA, part of the U.S. Department of Homeland Security, sets and enforces airport and inflight security protocols. These include passenger and baggage screening, airport perimeter control, and threat response measures.
Security breakdowns—whether in screening, access control, or airport operations—can play a pivotal role in cases involving in-flight violence, hijackings, or other criminal acts. Podhurst Orseck investigates these failures and pursues liability against all responsible parties, including airport operators, airlines, and, when applicable, federal agencies.
National Transportation Safety Board (NTSB): Investigators of Record
The NTSB leads most U.S. civil aviation accident investigations. Its experts analyze flight data, cockpit voice recordings, maintenance logs, and witness statements to pinpoint probable causes.
While their final reports are not always admissible in court, they often guide litigation strategy and highlight systemic safety gaps. We work alongside independent specialists to interpret NTSB findings and use them to pursue maximum compensation for our clients.
State, Regional, and Local Aviation Authorities
Federal agencies set the national standard, but state and municipal entities often manage the airports, runways, and ground operations where accidents occur. Failures in runway maintenance, lighting, signage, or ground crew operations can create legal exposure for local authorities.
When negligence by a state or local agency contributes to an accident, we explore claims under state tort laws or government liability statutes, sometimes in combination with federal claims.
International Civil Aviation Organization: Global Standards & Treaties
The United Nations agency, the ICAO, sets worldwide aviation standards and facilitates major treaties like the Chicago Convention and Montreal Convention. These agreements shape liability rules for international flights, including cases involving injuries, wrongful deaths, baggage loss, and delays.
When a case involves a foreign carrier or international airspace, ICAO standards can influence both the investigation and the litigation strategy. We have handled numerous cross-border aviation cases where these global rules were critical to proving fault.
International Cases and the Montreal Convention
The Montreal Convention often governs compensation claims when accidents occur on international flights. This treaty creates a strict liability system for airlines in certain cases and sets limits on damages unless negligence is proven.
Podhurst Orseck has deep experience litigating under the Montreal Convention, ensuring victims and families navigate its procedural requirements and secure the full compensation available.
Frequently Asked Questions About Aviation Laws & Regulations
YOUR GUIDE TO NAVIGATING COMPLEX AVIATION LEGAL STANDARDS
What Aviation Regulation Violations Does Podhurst Orseck Handle?
We litigate cases involving FAA violations, ICAO standard breaches, aircraft certification failures, air traffic control errors, and findings from NTSB investigations. Our work spans both domestic and international jurisdictions.
Who Can File a Claim When Aviation Rules Are Broken?
Injured passengers, surviving family members, pilots, maintenance crews, and—in certain cases—third-party contractors may have standing. We evaluate each case individually to determine the most effective legal route.
Which Agencies Investigate Aviation Accidents?
After an aircraft accident, the NTSB leads most U.S. investigations, often with FAA involvement. International incidents may bring in foreign aviation authorities or ICAO investigators.
Why Is Experience With Aviation Regulations So Important?
Aviation law is a technical, multi-layered field. Understanding how different regulatory systems interact is key to building strong cases. Our attorneys know how to spot violations, connect them to liability, and present them effectively in court.
CONTACT PODHURST ORSECK
your trusted aviation law attorneys
If you or a loved one has been affected by an aviation accident, identifying which regulations were violated is often the key to holding the right parties responsible. Our experienced attorneys are here to provide the support and guidance you need to pursue justice and compensation.
We offer confidential consultations and handle aviation cases nationwide. Contact our office today.