ABH at the Controls Risk Management principles have been applied in business and industry for years, becoming the subject of ISO/IEC Standard 31000:2009. They have also found their way into aviation, and particularly general aviation, where the layers of infrastructure and backup in airline operations are absent, and pilots must largely operate on their own.

John and Martha King, the respected operators of the King Schools, have preached the gospel of applying risk management principles to GA. They offer a series of “Practical Risk Management” training materials covering a range of flying activities. They have also spoken and written widely on the subject, forthrightly addressing the hazards of GA flying by using mistakes they made during their long career to illustrate the factors that can result in bad decision making in the air and on the ground. Their efforts have helped make risk management become a subject of interest and discussion in the GA community. Continue Reading Air Safety: Managing Risk Management

compassOn March 8, 2014 Malaysia Airlines Flight MH370, a Boeing 777, departed Kuala Lumpur for Beijing with 239 passengers and crew on board. As it left Malaysian airspace the pilot, 53-year old Captain Zaharie Ahmad Shah, said, “Good night, Malaysian 370” to controllers. One minute later its transponder signal disappeared from radar screens. No further communications with the aircraft occurred. Malaysian radar showed that that the plane reversed course and flew southwest across Malaysia for half an hour. It reached the west coast of Malaysia, turned northwest, and continued on that course for another half hour before radar contact was finally lost.

Continue Reading Air Safety: Malaysia Air Flight 370: The Final Report

airplaneOn October 27, 2016 a chartered Eastern Airlines Boeing 737 carrying Vice Presidential candidate Mike Pence and 36 others skidded off a wet runway at LaGuardia Airport on a rainy fall night. The incident gained some notoriety, not only because the candidate was aboard, but also because the cockpit voice recorder transcript revealed that, after the incident,  the captain said, “My career just ended,” and the co-pilot said, “We should have went around.”

Continue Reading Air Safety: “My Career Just Ended!”

Product Liability Monitor

September 8, 2017
New Developments
The SELF DRIVE Act Motors Through Congress
By Mark Pratzel

On September 6, 2017 the House of Representatives unanimously passed H.R. 3388, also known as the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” also known as the “SELF DRIVE Act.” The broad, bipartisan support for this legislation seems to reflect a rare Congressional consensus favoring national standards for autonomous vehicle (AV) technology. [Continue Reading]

FAA Preemption: The Continuing Sikkelee Saga
By Alan Hoffman

Last April, in a case closely followed by the aviation industry, the Third Circuit reversed a District Court order granting summary judgment to Textron Lycoming in a fatal Cessna 172 accident case on the ground that the plaintiffs’ design defect claims were preempted by the Federal Aviation Act. The Third Circuit held that the District Court erred in applying field preemption to plaintiff’s tort design defect claims, and remanded the case for further proceedings. [Continue Reading]

Standing as a Defense in Class Action Products Cases
By Jonathan Schmalfeld

It is a basic legal principle that, for party to have standing to bring a case, that party must have suffered (or in some instances be under the immediate threat to suffer) some actual harm. This is commonly referred to as the injury-in-fact requirement. This requirement is particularly important in cases where class certification is sought. [Continue Reading]

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Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]

Product Liability Monitor Archive
July 2017

 

jet“Cessna 1234A cleared for takeoff, caution wake turbulence from the departing Citation jet.” It’s a common warning at controlled airports where light planes mingle with jets and airliners.  Encountering wake turbulence at low altitude immediately after takeoff is a well-known danger that can have fatal results.  But wake turbulence is increasingly recognized as a danger to all aircraft, at all levels.

Continue Reading Air Safety: Caution—Wake Turbulence!

jetSixty-five years ago, on May 2, 1952, aviation history was made when a de Havilland Comet departed London for Johannesburg, South Africa—the world’s first passenger jet air service. It was a proud moment for Britain and its aircraft industry.

Post-war air travel was dominated by the American-made Lockheed Constellation and Douglas DC-6, and airlines—including British Overseas Airways Corporation, the UK’s flagship international carrier–lined up to buy them. British manufacturers made a bold decision to leapfrog over the piston-powered, propeller-driven American airliners by adopting turbine power. England led the United States in wartime jet engine technology, and hoped to take advantage of this by beating America with the first jet transport.

Continue Reading Air Safety: A Falling Comet

airplaneOn April 27, 2017, Petitioner The Boeing Company filed a petition for the imposition of antidumping and countervailing duties on imports of 100-to 150-Seat Large Civil Aircraft from Canada.

SCOPE OF THE INVESTIGATION

The merchandise covered by this petition is aircraft that have a standard 100- to 150-seat two-class seating capacity and a minimum 2,900 nautical mile range, as these terms are defined below.

Continue Reading Petition Summary: Large Civil Aircraft From Canada

airportThe recent US ban on laptops and tablets electronic devices from carry-on luggage from flights from 10 Middle Eastern Airports, and a more limited UK ban, have been widely condemned by the aviation press and the airline industry as arbitrary, ineffective and counterproductive. There is no factual basis for the airports selected, the UK list differs from the US, and the bans can be evaded by taking a connecting flight from elsewhere.[1]

These issues raise a more fundamental question: Does the enormous cost and burden imposed upon the airlines and the traveling public by the all-encompassing TSA airport security regime provide any real benefit?

Continue Reading Air Safety: Do Away with TSA?

airplane jetThe U.S. Department of Transportation recently revised the SIFL rates that are used to value an employee’s personal use of a company aircraft, as required by the Internal Revenue Code Section 61 and the Federal Tax Regulations Section 1.61-21(g). The Department announced that the following rates will apply for the 6-month period January 1, 2017 through June 30, 2017:

Continue Reading DOT Revises the Standard Industry Fare Level (SIFL) for First 6 Months of 2017