Module 5 Scenario Discussion Airline and Government Liability

docx

School

Embry-Riddle Aeronautical University *

*We aren’t endorsed by this school

Course

404

Subject

Management

Date

Feb 20, 2024

Type

docx

Pages

Uploaded by ChiefValorGazelle39

Module 5 Scenario Discussion Airline and Government Liability According to Scenario 3, the law that applies to determining the liability of the government and its employees for injuries caused by negligence is the Federal Tort Claims Act (FTCA), which was passed by Congress in 1946 (Hamilton & Nilsson, 2020). Under FTCA, the federal government, like employers in the private sector, faces secondary liability for the consequences of negligence committed by its employees acting within the scope of their employment if a private employer would be liable for that employee's torts under the same circumstance (Hamilton & Nilsson, 2020). However, several exceptions distinguish the government's liability from that employer in the private sector face. This includes geographic limitation, combatant activity, activities incident to military service, discretionary function, international torts, or punitive or exemplary damages (Hamilton & Nilsson, 2020). In many ATC cases, a controller must always carry out their duty by referencing the FAA's Air Traffic Controller's Handbook. The handbook instructs controllers on handling most air traffic situations (Hamilton & Nilsson, 2020). In addition, if the federal government's negligence of air traffic control causes or contributes to an aircraft accident, the federal government may be held liable under the FTCA (Hamilton & Nilsson, 2020). Weather reporting federal employees are also liable for weather-related accidents when the federal employees negligently understate weather along a pilot's route (Hamilton & Nilsson, 2020). This is because the weather reporting federal employees are tasked with monitoring the temperature, advising pilots and dispatchers of current and forecast weather, and often suggesting alternate routing around severe weather (Hamilton & Nilsson, 2020). Lastly, the federal government can be sued for negligence in the aircraft certification under FTCA (Hamilton & Nilsson, 2020). Each US-manufactured civil aircraft is a product of three separate FAA inspection and certification processes. First, the design must be proved to conform to aircraft certification standards contained in the FAR before a Type Certificate is issued approving the design (Hamilton & Nilsson, 2020). Second, the manufacturer must satisfy the FAA that its production and inspection methodology assures precise replication of the design for which the Type Certificate was issued. Third, with each aircraft manufactured to an acceptable standard of quality, the FAA will give the manufacturer a Production Type Certificate for the design once it is satisfied with the manufacturer's production facilities and quality assurance program before manufacture can proceed (Hamilton & Nilsson, 2022). Finally, as each airplane is completed, it is inspected and tested for conformity with the approved type designed before issuing the FAA Airworthiness Certificate. Subsequent modifications and improvements to the design each require additional FAA certification, usually under a Supplementary Type Certificate or FAA Form 337 field approval (Hamilton & Nilsson, 2020). Thus, negligence in any of these certification phases may lead to federal government liability (Hamilton & Nilsson, 2020). Hamilton, J. S., & Nilsson, S. (2020). Practical Aviation & Aerospace Law . Aviation Supplies & Academics, Inc..

Discover more documents: Sign up today!

Unlock a world of knowledge! Explore tailored content for a richer learning experience. Here's what you'll get:

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Related Documents

Case study 3.docx

479 Case Study 1 (1).docx

PAD 345 Module One Graphic Organizer.docx

Project 3 - Matt.rtf

Module 1 Analysis Discussion National Government Agencies and International Organizations.docx

Module 4 Scenario Discussion Insurance.docx

MGT.docx

Quiz PM Chp 3. Project Life Cycle.pdf

D253_Task_1.pdf

Blog post 8.pdf

3300 ch5 hw.docx

Class 5 Notetaking Slide Feb 7 2024.pptx

Recommended textbooks for you

Understanding Business

Management

ISBN:9781259929434

Author:William Nickels

Publisher:McGraw-Hill Education

Management (14th Edition)

Management

ISBN:9780134527604

Author:Stephen P. Robbins, Mary A. Coulter

Publisher:PEARSON

Spreadsheet Modeling & Decision Analysis: A Pract...

Management

ISBN:9781305947412

Author:Cliff Ragsdale

Publisher:Cengage Learning

Management Information Systems: Managing The Digi...

Management

ISBN:9780135191798

Author:Kenneth C. Laudon, Jane P. Laudon

Publisher:PEARSON

Business Essentials (12th Edition) (What's New in...

Management

ISBN:9780134728391

Author:Ronald J. Ebert, Ricky W. Griffin

Publisher:PEARSON

Fundamentals of Management (10th Edition)

Management

ISBN:9780134237473

Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo

Publisher:PEARSON

SEE MORE TEXTBOOKS

Recommended textbooks for you

Understanding Business
Management
ISBN:9781259929434
Author:William Nickels
Publisher:McGraw-Hill Education
Management (14th Edition)
Management
ISBN:9780134527604
Author:Stephen P. Robbins, Mary A. Coulter
Publisher:PEARSON
Spreadsheet Modeling & Decision Analysis: A Pract...
Management
ISBN:9781305947412
Author:Cliff Ragsdale
Publisher:Cengage Learning
Management Information Systems: Managing The Digi...
Management
ISBN:9780135191798
Author:Kenneth C. Laudon, Jane P. Laudon
Publisher:PEARSON
Business Essentials (12th Edition) (What's New in...
Management
ISBN:9780134728391
Author:Ronald J. Ebert, Ricky W. Griffin
Publisher:PEARSON
Fundamentals of Management (10th Edition)
Management
ISBN:9780134237473
Author:Stephen P. Robbins, Mary A. Coulter, David A. De Cenzo
Publisher:PEARSON