Aviation Law FAQs

No, you generally cannot sue the airline for cancelling your flight. The contracts attached to plane tickets allow an airline to cancel flights at its discretion. Passengers may be able to sue if the airline fails to compensate them for rescheduling and delays caused by its overbooking practices. In other cases, a passenger might be able to sue for discrimination if the airline rescheduled them due to their race, religion, or another protected trait.

You generally can get off the plane if your flight has been delayed on the tarmac for three hours or more. This time extends to four hours for international flights. However, this rule may not apply if the delay resulted from a safety or security issue, or if air traffic control determines that leaving the plane would significantly disrupt airport operations. If you have been waiting on the tarmac for two hours or more, the airline must provide food and water. You also must have an opportunity to use the aircraft lavatories.

If you agree to be bumped from an overbooked flight, you can negotiate with the airline for compensation such as cash or a voucher. If you are bumped involuntarily from a flight, and you will not reach your destination within one hour of your planned arrival time, you may be entitled to receive 200 percent of the one-way fare for the flight, subject to a set maximum. Double compensation may be available if an involuntary bump on a domestic flight results in an arrival delay longer than two hours, or if an involuntary bump on an international flight results in an arrival delay longer than four hours.

A passenger who causes a disturbance on a plane may be charged with a federal crime. The prosecutor would need to show that the passenger used assault or intimidation to interfere with crew members or attendants in carrying out their duties. A conviction usually can result in a maximum sentence of 20 years in prison, but there is no maximum sentence if a dangerous weapon was involved.

Small planes may be more dangerous because they tend to be made from less sturdy materials, which means that they could be affected by weather conditions to which a large jet would be impervious. They also have fewer layers of safety systems, so a single malfunction is more likely to cause a crash. Passengers are closer to pilots, creating a greater risk of distractions that hinder the safe operation of the plane. Sometimes pilots of small planes are less experienced and less prepared to respond to emergencies than pilots of large jets.

Yes, you likely can get compensation if someone crashed a plane on your property. You would need to show that you sustained financial losses due to property damage. In rare cases, a homeowner might suffer physical injuries, such as when a plane directly strikes a home. You likely can get compensation through a settlement with the company that operated the plane, but mediation or even litigation sometimes will prove necessary. You should prepare to present evidence of the crash and the resulting damage through photos, videos, witness statements, and any other available proof.

A helicopter accident may happen because of a defective helicopter component, such as a part that was made with improper materials. A crash also may result from errors by a pilot who carelessly or incompetently operates the helicopter, or who lacks proper training in how to operate it safely and respond to emergencies. Still other helicopter accidents may arise from improper maintenance of the helicopter.

No, a property owner generally does not need to give permission for a drone to fly over their property. Drone owners must comply with FAA rules, though, and they may face a lawsuit if their drone use substantially impairs the rights of a private property owner.

Aircraft liability insurance covers injuries or death to passengers, injuries or death to third parties, and property damage sustained by third parties. Meanwhile, hull insurance covers damage to the plane. A business can purchase these types of insurance together or separately.

The US cannot take over the moon, or any other planet or celestial resource. The Outer Space Treaty prevents any nation from appropriating property in outer space under any circumstances. All nations have equal rights to access, research, and develop outer space. While some nations do not have the technical capacity to exercise their rights, nations that have this capacity are not required to pay royalties from profits acquired through space development.