Notice as this guy lands his glider in a farmer’s field. The crop appears to have been harvested, so I’m guessing the damage is negligible. But what if he’d destroyed the farmer’s tomatoes or cannabis or whatever, would the pilot be on the hook for damages? Or does some legal principal of life > property come into play? Are private aircraft pilots require to carry liability insurance?
Surely, it depends on what caused the crash landing? Whenever a plane crashes, the FAA does an investigation, and determines who, if anyone, is at fault. If that idiot YouTuber who crashed his plane for attention landed on someone’s crop, I’m sure he’d have been liable. If the plane crashed because the plane itself was defective, the manufacturer might be liable. If the plane crashed because it got hit by a meteor, then most likely nobody’s liable.
The pilot and/or owner of the plane would be liable for damages. I’m not aware of any requirement for the pilot to carry liability insurance. Often planes are rented or leased or group owned and would carry liability insurance. Destroyed crops are probably a lot less expensive than death, serious injuries, or destroying a home or buliding.
Wouldn’t it be the same as for a car accident ?
(whatever that is)
From an aviation insurance company:
Liability for pilots can provide coverage for you if you were to cause property damage or injure a third party when flying a plane…
Student pilots usually rent the planes they fly, and often the machines aren’t covered by the owner’s policy. By getting student pilot insurance, including aircraft renter or non-owner liability, you can be protected if you cause bodily harm or property damage while taking lessons…
Many general aviation pilots use non-owned aircraft to raise their hours. If you fly a rental, pilot liability insurance can provide the peace of mind you need… It also encompasses third-party bodily injury or property damage.
General Aviation Liability Insurance Is Not Mandatory…But It Should Be [Law firm website]
While general aviation accidents, like those involving small personal planes, far exceed the number of commercial accidents, no federal law exists requiring general aviation aircraft owners and operators to carry liability insurance to cover damages in the event of a crash. If you think state laws cover this issue, think again: only 11 U.S. states have some form of liability insurance requirement or aircraft financial-responsibility requirements.
While driving too fast, I missed a curve in the road. I tried to go up a driveway but missed and went bouncing through a field of corn. The farmer came with his tractor and pulled me out. Told me I was the third person that year to miss the corner. Said I didn’t take out too much corn, I followed the path as the last 2 drivers. He accepted $200 for the damages to his crop. Totaled the 72 Javelin I had just bought a couple days earlier.
Years ago some clowns stole my car (POS junker I used rarely, so no big deal) and took it for a joy ride. They ran over a few dozen stalks of a farmer’s corn in a nearby field. I was terrified the farmer was going to sue me for the damage to his crop, but the cop said he wouldn’t have a leg to stand on if he did.
Yep.
The Pilot-in-Command is responsible for whatever happens on the flight. You destroy crops you are liable if the owner wants compensation.
If you are in distress you can’t be sued for landing, just for any damage that landing may cause. (Land without causing damage you’re not liable).
In some places landing anywhere other than a designated airport (outside of an emergency) is illegal.
Nope.
Flying gliders, I’ve made more than a few landings in farm fields (it’s a more or less routine outcome of a flight on a less-than-excellent day).
Without question, the pilot is responsible for any damage. But note that we seek fields with low crops and a low chance of crop damage (since this correlates with a low chance of damage to the glider). The video gives a good example of this: the brown field means a low crop, and the pilot lands parallel to the rows.
Not that simple. As usual, it varies by state. (Although this cite refers to aircraft owners as distinct from pilots.)
As of April 2015, 11 states have some variation of a liability insurance requirement or aircraft financial-responsibility requirements, which require GA aircraft owners to demonstrate financial ability to cover potential losses incurred in an accident (see figure below). Minnesota is the only state that requires almost all GA aircraft owners to have a minimum liability insurance coverage: the required minimum coverage is $100,000 per passenger seat.
Fair enough but I would be shocked if all GA crashes added together in a given year amounted to the damages caused by one commercial flight going down (of course, we can pick and choose among them but still…I’d think there is loads more liability on a commercial flight).
FWIW American Airlines paid damages in the 9/11 attacks. Obviously the pilots died but AA was held civilly responsible for what happened. (this is just one case for illustration, I assume there were other lawsuits)
If A Plane Crash Lands, Is Pilot Responsible For Damage On The Ground?
I think so and thus the expression: “Bought the farm”. (Although it looks like the phrase might have a different origin).
As Newton established centuries ago, absent any force the plane would just keep going along in the same direction, nowhere near the farmer’s field. So really it should be the farmer who carries liability insurance if he chooses to plant his field on top of a huge mass that exerts a force pulling planes toward it. This is a well established legal doctrine called an “attractive nuisance”.
The question was whether or not pilots have to carry liability insurance. The answer is no. Aircraft owners may or may not be pilots, and owners may indeed be required to carry such insurance.
I flew regularly between the mid-1990’s and 2007 but at no point did I own any of the many aircraft I flew.
OK next question: how the hell is he going to get that machine out of the farmer’s field? They weigh several hundred kilograms, he’d need all of his buddies and a few hired hands to lift it, to say nothing of carrying it to a truck on the nearest road. Is there a glider-recovery service, like AAA for gliders?
Essentially all gliders have a trailer (like this) that makes them easy to transport by road. The wings are removed and rolled into the trailer on dollies (takes two people). The horizontal tail is supported in the top of the trailer (one person). Then the fuselage rolls in, on a cradle. For modern gliders, this can be done in 10 minutes.
If the farmer doesn’t want the trailer in the field, then typically the glider would be moved to the edge of the field, taking care to stay between the rows of plants so as not to damage any.
