When trust is placed on planes, so much of that trust depends on what's happening on the ground. Proper aircraft maintenance is critical to ensuring the safety of operations.
When lapses occur due to human error, negligence, or systemic oversight, the consequences can be catastrophic, leading to serious accidents, loss of life, and significant legal and financial liability.
For aircraft owners, operators, and other aviation professionals, understanding the liabilities that accompany maintenance failures is essential to mitigating risks and protecting their interests.
William G. Harger & Associates, PLLC is experienced in handling airplane maintenance cases and offers an in-depth look into liability in aircraft maintenance, common causes of maintenance failures, how liability is established, the potential legal consequences, and strategies to prevent issues.
Aircraft maintenance is a highly regulated field governed by stringent laws, standards, and oversight to ensure safety and compliance. These regulations are established at both national and international levels, outlining the responsibilities of maintenance professionals, operators, and organizations.
Some of the key regulations and compliance requirements that form the foundation of aircraft maintenance governance include the following.
Aircraft maintenance in the United States is heavily regulated by the Federal Aviation Administration (FAA), which sets strict compliance guidelines for owners, operators, and maintenance providers. These standards aim to ensure that all parties involved maintain airworthiness to minimize risks.
These primary regulations, including those outlined in FAA Order 8020.11D, govern the responsibilities and processes for investigating maintenance errors that lead to unfortunate accidents or incidents.
For instance, FAA-certified maintenance providers are required to document all performed work accurately and follow prescribed procedures when servicing aircraft. Similarly, owners and operators must ensure their aircraft are maintained according to the FAA requirements at all times.
In aviation maintenance, liability extends across several parties, including aircraft operators, owners, and maintenance providers. Each party has distinct but overlapping obligations, including the following:
Aircraft owners are responsible for scheduling and following through with routine maintenance, repairs, and inspections.
Operators may sometimes overlap with owners and are required to confirm the aircraft they fly (or operate) is airworthy.
Maintenance providers are tasked with making sure that aircraft remain compliant with FAA regulations, using the right tools, documentation, and parts to conduct inspections and repairs.
Failure to uphold any of these responsibilities can result in accidental lapses, thus exposing all parties to liability risks.
Understanding the factors that often lead to maintenance issues can clarify how liability is assigned in legal disputes. Some common causes include the following:
Human error and insufficient training: Maintenance personnel are often under pressure to complete work quickly, especially in busy fleets or high-demand periods. This creates opportunities for mistakes, whether it’s failing to fully inspect components, improperly fastening parts, or overlooking required follow-ups. Insufficient training may also lead to errors, with staff unable to effectively diagnose, repair, or document issues.
Substandard or counterfeit parts: Using counterfeit or non-compliant parts during maintenance can degrade an aircraft’s performance. Such parts may appear functional but often fail to meet FAA standards, creating life-threatening risks. Liability, in this case, can extend not only to mechanics but also to the supply chain.
Improper documentation: Maintenance logs serve as critical records of the work performed on an aircraft. Failure to properly document repairs, modifications, or inspections can obscure the state of an aircraft’s airworthiness, leading to potential crashes or operational failures.
Systemic oversight issues: Larger maintenance operations may suffer from systemic inefficiencies, including poor oversight, lack of communication between teams, or missing quality checks. Such failures often indicate broader organizational negligence, increasing liability risks for employers as well as individual mechanics.
The importance of maintaining proper documentation and addressing systemic oversight issues in maintenance operations cannot be overstated. Failure to do so jeopardizes the safety and reliability of the aircraft and exposes organizations and individuals to significant legal and financial risks.
When disputes arise over aircraft incidents caused by maintenance errors, proving liability requires careful examination of circumstances and evidence. Negligence is a key factor in determining liability, which focuses on whether a party failed to meet the standard of care expected under the circumstances.
For example, a mechanic might be found negligent if they failed to follow FAA-prescribed maintenance protocols, leading to an accident.
Strong supporting evidence is necessary in liability disputes. Maintenance logs, flight records, incident reports, and onboard telemetry all provide invaluable information for assessing events. Expert testimony, particularly from aviation engineers or consultants, can also help reconstruct the sequence of failures that led to a crash.
Determining who is liable often comes down to how responsibilities were shared or delegated. Was an owner negligent in failing to schedule required maintenance? Was a provider unclear or not thorough in their documentation? Or did an operator knowingly fly an unairworthy aircraft?
Liability depends on addressing these questions accurately. By implementing robust procedural standards, fostering clear communication, and maintaining accountability at all levels, aircraft owners, operators, and maintenance officials can mitigate these risks and uphold the highest standards of aviation safety.
The fallout from maintenance errors involves financial losses and reputational harm that can significantly impact businesses and careers.
Fines, penalties, and lawsuits: Maintenance providers or mechanics found at fault for negligence may face steep penalties and fines, often accompanied by costly lawsuits. Lawsuits might involve claims for wrongful death, personal injury, or economic losses triggered by operational downtime.
Examples of negligence: Several high-profile cases illustrate the severity of failing to meet maintenance standards. For instance, in one well-documented mishap, improper torquing of an engine bolt resulted in catastrophic failure during a flight. The resulting lawsuit not only destroyed the responsible maintenance company but highlighted the need for strict compliance with FAA standards.
Damaged reputation: Beyond legal matters, being linked to maintenance-related incidents can harm the reputation of companies, manufacturers, or contractors. This loss of trust can have lasting effects, limiting future partnerships or opportunities.
While liability issues cannot always be avoided, aviation stakeholders can implement measures to reduce risks substantially. Some common ways you can potentially limit liability risks in aviation maintenance include:
Comprehensive maintenance programs: A well-managed maintenance program ensures regular inspections, standardized operating procedures, and thorough documentation, minimizing errors and improving transparency. Collaborating with FAA-certified providers is vital.
Audits and regulatory compliance: Routine audits help entities identify weak points in their maintenance chains, encouraging accountability and verifying compliance with FAA guidelines.
Training and certification: Having maintenance personnel hold current certifications and stay updated with industry practices can prevent many avoidable issues. Training programs emphasizing attention to detail, technical expertise, and documentation requirements are invaluable.
Technology integration: Modern technologies, such as predictive maintenance analytics and automated error-checking tools, leverage AI to reduce risks. For instance, maintenance platforms can alert operators of necessary replacements before issues arise, improving operational safety.
Managing liability in aircraft maintenance failures demands knowledgeable and experienced attention. William G. Harger & Associates, PLLC, based in Richmond, Texas, offers in-depth legal services for aviation professionals nationwide.
Founded by Attorney Bill Harger, a licensed pilot and former professional mechanic with over 25 years of experience in aviation law, the firm is uniquely equipped to handle maintenance-related disputes.
Whether defending mechanics, advising operators, or representing aircraft owners, Attorney Bill Harger offers tailored guidance that sets clients up for long-term success. If you need to protect your business or clarify liability following an incident, call now to schedule a free consultation.
When trust is placed in the skies, so much of that trust depends on what's happening on the ground. Proper aircraft maintenance is critical to ensuring the safety of operations. When lapses occur—whether due to human error, negligence, or systemic oversight—the consequences can be catastrophic, leading to serious accidents, loss of life, and significant legal and financial liability.
Aviation transactions are complicated, highly regulated matters that demand a thorough understanding of the laws and requirements involved. Whether you're purchasing, selling, or leasing an aircraft, you need an attorney who understands this and can save you invaluable time and minimize risk.
