ContractsCounsel Logo

Aviation Lawyer: Learn How They Can Help

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 7,494 reviews
Home Blog Aviation Lawyer: Learn How They Can Help

Jump to Section

Need help with a legal contract?

Post Project Now

What Is an Aviation Lawyer?

An aviation lawyer is a specialized lawyer who works with legal issues related to aviation. Aviation lawyers have hands-on experience in this particular area of the law, making these attorneys better equipped than non-specialized lawyers to deal with complex aviation regulations and practices. Many aviation lawyers are licensed pilots. As a result, aviation lawyers have expert knowledge about:

  • Aircraft operation
  • Airport security
  • Aviation regulation
  • Rules and regulations governing flight safety

An aviation lawyer can defend you in legal matters related to the Federal Aviation Administration and other federal agencies. Aviation lawyers may also deal with claims and issues such as the following:

  • Personal injury claims
  • Insurance coverage issues
  • Wrongful death claims

Who Needs an Aviation Lawyer?

If you face an issue related to aviation law, you can work with an aviation lawyer who has the specific knowledge and experience you need. Various individuals and entities may be involved in aviation-related agreements and litigation, including the following:

  • Aircraft controllers
  • Aircraft manufacturers
  • Aircraft owners
  • The FAA
  • Maintenance facilities
  • Passengers
  • Pilots

What Does an Aviation Lawyer Do?

An aviation lawyer can assist you with business aviation matters, such as purchasing or selling an aircraft. An aviation lawyer may also work on litigation involving aviation accidents.

Business Aviation

Business aviation involves complex processes and transactions. The financing, purchasing, selling, or leasing of aircraft can lead to financial disputes, necessitating litigation and expert representation from an aviation lawyer. In terms of business aviation, an aviation lawyer can help to resolve:

  • Airport lien foreclosures
  • Issues with insurance coverage
  • Partnership disputes
  • Warranty claims

If you are purchasing an aircraft, you will want to work with an aviation lawyer. An aviation lawyer can help you to structure the aircraft's ownership and operation to:

  • Comply with FAA and U.S. Department of Transportation requirements
  • Minimize liability
  • Minimize taxes while maximizing tax deductions

Aviation Accidents

An aviation lawyer also serves as an invaluable resource if you are involved in an aviation accident. Aviation accident lawyers can:

  • Investigate circumstances surrounding an aviation accident's cause
  • Review accident and incident reports deciding the cause of an accident, such as:
    • Faulty equipment
    • Negligence of air traffic controllers
    • Negligence of flight service station employees
    • Pilot error
    • Problems with the structure or design of the aircraft
    • Violations of FAA regulations
  • File lawsuits to have a jury or judge determine the outcome of a case
  • Negotiate settlements with the party responsible for an accident

Aviation lawyers often work on a team of experts to investigate accidents that involve airplanes or helicopters. They may work on cases of aviation disasters that take place around the world. In addition to aviation lawyers, teams that investigate these cases can include the following:

  • Applied mathematicians
  • Engineers
  • Other legal experts
  • Pilots

Get Free Bids to Compare

Leverage our network of lawyers, request free bids, and find the right lawyer for the job.

Get Bids Now

What Is Aviation Law?

An aviation lawyer must have extensive knowledge of aviation law. Aviation law is a specific branch of law that deals with:

  • Air travel
  • Aviation business transactions
  • Passenger safety

The aviation industry is highly regulated overall. Aviation law tends to be very complicated since it covers all legal issues related to aircraft operations and aircraft.

Aviation law operates on a federal level. This branch of law falls under the jurisdiction of a few different federal agencies, including the following:

  • FAA
  • National Transportation Safety Board, or NTSB
  • Transportation Security Administration, or TSA

In the United States, the FAA, an agency of the U.S. Department of Transportation, acts as the federal agency responsible for aviation safety. The FAA provides services such as the following:

  • Airport safety
  • Air traffic control
  • Aviation mechanic licensing and oversight
  • Pilot licensing and oversight

The FAA will also assist the NTSB with investigations of helicopter or airplane crashes. The FAA investigates any incidents that could impact aviation safety.

An aviation lawyer must be familiar with various federal statutes. An aviation lawyer must also know federal aviation regulations. Many treaties and federal statutes could apply when aviation crashes or disasters occur, including the following:

  • Death on the High Seas Act: This federal law applies to deaths that occur on the high seas or open ocean, especially waters that do not fall under a particular country's jurisdiction.
  • Federal Aviation Act: This act, which created the FAA, allows a Federal Aviation Administrator to approve regulations that promote aviation safety.
  • General Aviation Revitalization Act: Known as GARA, this act gives immunity to aviation manufacturers for aircraft, airplanes, or helicopters more than 18 years old. Certain exceptions apply to this rule. Here is an article about GARA.
  • The Montreal Convention: Various nations adopted this international treaty in 1999. The treaty governs international flights. In most cases, the Montreal Convention replaces the Warsaw Convention. Here is an article about the Montreal Convention.

Any aviation lawyer must also be familiar with state and federal laws as they relate to:

  • Choice of law rules: These regulations determine which state's substantive law gets applied to a given case. An aviation lawyer will evaluate any potential forum's laws to decide where to bring the aviation case.
  • Jurisdiction and venue laws: These laws will determine where someone may enter litigation.
  • Negligence laws and causes of action: State law regulates this arena. Aviation mechanic negligence, maintenance negligence, and pilot negligence could all constitute the basis for a claim for damages.
  • Wrongful death laws: State and federal laws offer the right of action to survivors of someone killed due to a defendant's negligence or when a defendant is otherwise liable for the person's death.
  • Product liability laws: These laws protect consumers from dangerous products. At the same time, product liability laws hold distributors, manufacturers, and retailers responsible for putting products into the marketplace that they know or should have known are defective or dangerous. In many cases, these laws are state laws. An aviation lawyer must understand all product liability laws that may apply to a case to properly represent the victims of aviation accidents. Product liability laws govern the liability of parties such as the following:
    • Distributors
    • Manufacturers
    • Vendors
    • Wholesalers

Statutes of Limitations and Statutes of Repose

An aviation lawyer needs to be familiar with all statutes of limitations that could apply to a given case. An aviation lawyer must also understand the choice of law rules to determine which statute will apply to a given aviation litigation case.

Statutes of limitations put a limit on the time in which someone can bring legal action. The statute of limitation in an aviation case typically is the applicable state or federal personal injury or wrongful death statute of limitation. In some circumstances, the statute of limitations can be tolled or suspended.

The statute of limitations differs from the statute of repose. The statute of repose limits an aviation or product manufacturer's potential product liability to a specific period after the product gets manufactured and sold. GARA creates a statute of repose in some aviation crash cases.

The issues an aviation lawyer deals with can be incredibly complicated. At the same time, an aviation lawyer may need to serve in times of great stress and even tragedy when it comes to aviation accidents. That's why it's essential to work with an experienced lawyer who understands aviation law's intricacies and the issues you face if you have problems related to aviation law.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Forest H. on ContractsCounsel
View Forest
5.0 (47)
Member Since:
July 14, 2020

Forest H.

Free Consultation
Nashville, TN
25 Yrs Experience
Licensed in FL, TN, TX
Washington and Lee University

Forest is a general practice lawyer. He provides legal advice regarding small business law, contracts, estates and trusts, administrative law, corporate governance and compliance. Forest practiced complex commercial litigation in Florida for eight years, representing clients such as Host Marriott, Kellogg School of Business, and Toyota. Since moving to Nashville in 2005, he has provided legal advice to clients forming new businesses, planning for the future, and seeking funding through the use of equity and/or debt in their businesses. This advice has included the selection of business type, assistance in drafting and editing their business plans and offering material, reviewing proposed term sheets, and conducting due diligence. Forest is a member of the Florida, Tennessee, and Texas Bars; in addition. Forest has held a Series 7, General Securities Representative Exam, Series 24, General Securities Principal, and Series 63, Uniform Securities Agent State Law.

Anjali S. on ContractsCounsel
View Anjali
5.0 (1)
Member Since:
July 15, 2020

Anjali S.

Free Consultation
Orlando, FL
12 Yrs Experience
Licensed in CA, FL, NY
NYU School of Law

CA, NY, and FL licensed attorney with nearly a decade of experience in intellectual property, data privacy, commercial contracts, and employment. I also have both the CIPP/US and CIPP/E privacy credentials. Basically, everything your business needs!

Christopher R. on ContractsCounsel
View Christopher
5.0 (1)
Member Since:
December 7, 2021

Christopher R.

Managing Attorney
Free Consultation
7 Yrs Experience
Licensed in FL, OH
Capital University Law School

Trusted business and intellectual property attorney for small to midsize businesses. Helping businesses start, grow, scale and protect.

Lawrence S. on ContractsCounsel
View Lawrence
5.0 (15)
Member Since:
July 20, 2020

Lawrence S.

Free Consultation
Miami/Coral Gables, FL
42 Yrs Experience
Licensed in FL
University of Miami

Lawrence A. “Larry” Saichek is an AV rated attorney and a CPA focusing on business and real estate transactions, corporate law and alternative dispute resolution. With a background including five years of public accounting and six years as “in house” counsel to a national real estate investment company, Larry brings a unique perspective to his clients – as attorney, accountant and businessman. Many clients think of Larry as their outside “in house” counsel and a valued member of their team. Larry is also a Florida Supreme Court Certified Mediator and a qualified arbitrator with over 25 years of ADR experience.

Stacey D. on ContractsCounsel
View Stacey
5.0 (32)
Member Since:
July 16, 2020

Stacey D.

Free Consultation
Grand Rapids, MI
13 Yrs Experience
Licensed in FL, MI
Stetson University College of Law

I enjoy helping businesses of all sizes succeed, from start-ups to existing small and medium sized businesses. I regularly advise corporate clients on a variety of legal issues including formation, day to day governance, reviewing and drafting business contracts and other agreements, business acquisitions and sales, as well as commercial and residential real estate issues, including sales, purchases and leases. As an attorney licensed in both Michigan and Florida, I also advise clients on real estate issues affecting businesses and individuals owning real property in either state, whether commercial, residential or vacation/investment property. I also regularly assist nonprofit organizations in obtaining and maintaining tax exempt status, and provide general legal counsel on all matters affecting public charities, private foundations and other nonprofit organizations.

Pura R. on ContractsCounsel
View Pura
5.0 (11)
Member Since:
July 22, 2020

Pura R.

Healthcare Law and Employment Expert
Free Consultation
Miami, FL
13 Yrs Experience
Licensed in FL
Nova Southeastern University

Pura Rodriguez, JD, MBA is the President and Managing Partner of A Physician’s Firm, based in Miami. She represents healthcare providers from different specialties in a broad range of issues, including contract review, business planning and transactions, mergers and acquisitions, vendor and contract disputes, risk management, fraud and abuse compliance (Anti-Kickback Statute and Stark), HIPAA compliance, medical staff credentialing, employment law, and federal and state regulations. She also assists providers in planning their estates, protecting their assets, and work visa requirements.

David C. on ContractsCounsel
View David
Member Since:
July 15, 2020

David C.

Law Firm Principal
Free Consultation
Miami, FL
42 Yrs Experience
Licensed in FL, NJ
University of Florida, Levin College of Law

David H. Charlip, the principal of Charlip Law Group, LC, is one of only 101 Board Certified Civil Trial Lawyers in Miami-Dade, with over 40 years of litigation experience. Mr. Charlip is also one of only 136 Florida Civil Law Notaries. He is also a Florida Supreme Court Certified Circuit Civil Mediator and a Florida Supreme Court Approved Arbitrator. He has managed and litigated cases across the country. Mr. Charlip has advised businesses, drafted business formation and purchase and sale documents and litigated business disputes for over 40 years and is very familiar with all aspects of contractual relations.

Lourdes H. on ContractsCounsel
View Lourdes
Member Since:
July 15, 2020

Lourdes H.

Free Consultation
Miami, FL
19 Yrs Experience
Licensed in FL, NJ
University of Miami, J.D.

With 19 years of experience in the area of estate planning, trademarks, copyrights and contracts, I am currently licensed in Florida and NJ. My expertise includes: counseling clients on intellectual property availability, use and registration; oversee all procedural details of registration and responses with the USPTO/US Copyright Office; negotiate, draft and review corporate contracts and licensing; counsel clients on personal protection, planning and drafting comprehensive estate plans.

Melissa T. on ContractsCounsel
View Melissa
Member Since:
July 15, 2020

Melissa T.

Attorney and Law Firm Owner/President
Free Consultation
Maitland, FL
21 Yrs Experience
Licensed in FL
University of Florida Levin College of Law

Melissa Taylor, the President and founding partner of Maurer Taylor Law, specializes in business contract review and drafting and is a second-generation attorney with private firm, in-house counsel, governmental, entrepreneurial, and solo practitioner experience. Melissa has a strong legal background, a dedication to customer service, is friendly, warm and communicative, and is particularly skilled at explaining complex legal matters in a way that's easy to understand. Melissa personally handles all client matters from start to finish to ensure client satisfaction.

Aaron M. on ContractsCounsel
View Aaron
Member Since:
July 16, 2020

Aaron M.

Free Consultation
New York, NY
13 Yrs Experience
Licensed in NJ, NY
Fordham University School of Law

Aaron focuses his practice on entrepreneurs and emerging growth companies, providing general counsel services for companies from formation through exit. Aaron frequently advises clients in connection with routine and unique legal, business, and strategic decisions, including corporate, business and technology transactions, angel and venture financings, mergers and acquisitions, protection of intellectual property, and information privacy and data security.

Find the best lawyer for your project

Browse Lawyers Now
other helpful articles

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer


Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city