Criminal Liability in Aviation
What is Criminal Liability?
Criminal liability refers to the possibility of being prosecuted
for an offense in a criminal court. If a conviction occurs,
the result may be punitive damages or time in prison. Criminal
liability is different from civil liability in that, in civil
cases, punishments are limited to fines.
Both the federal government and individual states can impose
criminal sanctions in cases involving aviation. Although the
classifications and details may vary between them, most states
impose criminal sanctions on aviators for reckless conduct
that leads to injury, death, or property damage. The difficulty
in prosecuting these cases lies in differentiating between
cases of negligence and mere accidents.
Actions that May Result in Criminal Liability
Breaking aviation
laws, which are in place to maintain safety, can lead
to criminal sanctions. Transporting hazardous materials or
controlled substances, for example, may constitute a criminal
offense. Likewise, bringing a concealed weapon or explosive
into an airport or onboard an airplane subjects the accused
to criminal liability. A pilot who uses alcohol or drugs prior
to flying is considered liable, apart from the airline.
How States Classify Aviation Crimes
Despite the differences between states' criminal legal codes,
there are three common levels at which air travel industry
workers may face criminal charges:
- "Criminal negligence" or "involuntary manslaughter"
-- This means that the person is accused of creating a risk
to others' lives that has foreseeable consequences. The
person may recognize the danger his or her behavior creates
but fails to alter it.
- "Manslaughter" -- In this case, the accused
knows that the risk his or her actions present threatens
to cause death for others, and yet the behavior continues
undeterred.
- "Third degree murder" -- Some states (Florida
is an example) have a separate category for a death caused
while committing another felony.
Exposure to Punitive Damages
If a person is liable for punitive damages, there is an increased
likelihood that he or she will face prosecution in a criminal
court as well. In other words, if a civil court feels that
the worker's negligence merits a fine as a punishment rather
than as compensation alone, the action (or failure to act)
probably constituted a criminal offense as well. Even in airplane
crashes with many fatalities, punitive damages are not usually
rewarded to the defendants. Instead, the cases are usually
settled, or the verdict is for compensatory damages. Punitive
damages only come with serious and willful offenses, such
as a pilot flying while intoxicated, an airline intentionally
and repeatedly failing to comply with regulations, or a manufacturer
using parts known to be substandard. |
