Aviation Lawyer: Learn How They Can Help

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 3,416 reviews

Jump to Section

Need help with a legal contract?

Post Project Now

Post Your Project (It's Free)

Get Bids to Compare

 Hire Your Lawyer

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

Pritesh P. on ContractsCounsel
View Pritesh
Member Since:
April 19, 2021

Pritesh P.

Chief Legal Officer
Free Consultation
Get Free Proposal
Chicago, Illinois
14 Yrs Experience
Licensed in IL
Western Michigan University Cooley Law School

Experienced General Counsel/Chief Legal Officer

Richard G. on ContractsCounsel
View Richard
Member Since:
April 21, 2021

Richard G.

Attorney
Free Consultation
Get Free Proposal
Massachusetts
1 Yr Experience
Licensed in MA
Massachusetts School of Law

Attorney Gaudet has worked in the healthcare and property management business sectors for many years. As an attorney, contract drafting, review, and negotiation has always been an area of great focus and interest. Attorney Gaudet currently works in Massachusetts real estate law, business and corporate law, and bankruptcy law.

Jonathan R. on ContractsCounsel
View Jonathan
Member Since:
November 4, 2022

Jonathan R.

Attorney-at-Law
Free Consultation
Get Free Proposal
Lake Hiawatha, NJ
31 Yrs Experience
Licensed in NJ
Rutgers University School of Law—Newark

I am a graduate of Cornell University and Rutgers University School of Law—Newark, and have been admitted to the state and federal bars for New Jersey, and have been engaged in the full- or part-time practice of law since my admission to the bar in 1991. My practice centers on civil litigation; wills, trusts, and estates; and ediscovery review and management. I have extensive experience in regulatory compliance in the financial services industry, as well as privacy laws in the U.S. and E.U.

Ayelet F. on ContractsCounsel
View Ayelet
Member Since:
June 8, 2021

Ayelet F.

Attorney
Free Consultation
Get Free Proposal
Coral Springs, FL
9 Yrs Experience
Licensed in FL
Nova Southeastern University

Ayelet G. Faerman knows what influencers mean to brands today. With experience as legal counsel for a beauty brand for over 5 years, and overseeing multiple collaborations, Ayelet has experienced the rise of influencer marketing. As the founder and managing partner of Faerman Law, PA her practice focuses on influencer relations including a specialization in contract negotiations.

Robert D. on ContractsCounsel
View Robert
Member Since:
May 12, 2021

Robert D.

Attorney
Free Consultation
Get Free Proposal
Ohio
24 Yrs Experience
Licensed in OH
University of Akron School of Law

I am a general practice lawyer with 21 years of experience handling a wide variety of cases, both civil and criminal

Melissa G. on ContractsCounsel
View Melissa
Member Since:
May 27, 2021

Melissa G.

Trademark and Business attorney
Free Consultation
Get Free Proposal
Fort Lauderdale
10 Yrs Experience
Licensed in FL
University of Miami School of Law

Melissa D. Goolsarran Ramnauth, Esq. is an experienced trial-winning trademark and business attorney. She has represented large businesses in commercial litigation cases. She now represents consumers and small businesses regarding federal trademarks, contracts, and more. Her extensive litigation knowledge allows her to prepare strong trademark applications and contracts to minimize the risk of future lawsuits.

George B. on ContractsCounsel
View George
Member Since:
June 21, 2021

George B.

Attorney
Free Consultation
Get Free Proposal
Detroit, MI
9 Yrs Experience
Licensed in MI
Western Michigan University - Cooley Law School

I help start-ups, small businesses, and people realize their potential by leveraging my legal and technological experience. Legally skilled in employment law, intellectual property, corporate law, and real estate transactions.

Ryan W. on ContractsCounsel
View Ryan
Member Since:
June 8, 2021

Ryan W.

Attorney
Free Consultation
Get Free Proposal
Mechanicsburg, PA
12 Yrs Experience
Licensed in PA
Widener University Commonwealth School of Law

Ryan A. Webber focuses his practice primarily on Estate Planning, Elder Law, and Life Care Planning. His clients range from young families concerned about protecting their family as well as aging individuals. Ryan provides Estate Planning, Trust Planning, Special Needs Planning, Public Benefit Planning, and Estate Administration. Ryan focuses on the holistic approach to the practice of elder law which seeks to ensure clients are receiving good care when needed and that they preserve enough assets with which to pay for such care. Many families and individuals also come to Ryan for preparation of their wills, power of attorney, and healthcare guidance documents. Additionally, Ryan assists small and medium sized business owners with their organizational and planning needs. From starting or winding down a business, Ryan provides quality business advice.

Jonathan G. on ContractsCounsel
View Jonathan
Member Since:
June 21, 2021

Jonathan G.

Attorney
Free Consultation
Get Free Proposal
Lakewood, CO
9 Yrs Experience
Licensed in CO, TX
Texas Tech University School of Law

Small Business Attorney licensed in Texas and Colorado. Based in Dallas, appointments available in DFW area.

Sean S. on ContractsCounsel
View Sean
Member Since:
June 21, 2021

Sean S.

Attorney
Free Consultation
Get Free Proposal
New Orleans, LA
7 Yrs Experience
Licensed in LA
Tulane Law School

I am an attorney with six years of experience drafting and negotiating a wide variety of business contracts, in industries including technology and software, finance, professional services, hospitality, and non-profits.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

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

Request a call