Numerous cases have held flight schools liable for negligent oversight of a student training flight that ended in an accident. But is there a cause of action for a passenger’s death or injury in a plane crash against the flight school that trained the plane’s pilot months or even years earlier? A series of recent aviation cases from across the country have reached divergent opinions on this question.
The decisions address the reach of the educational malpractice doctrine, adopted in a vast majority of states, including New York, to bar claims against public and private schools for failing to properly teach their students. The rationale of the doctrine, as explained by the New York Court of Appeals, is that courts and juries should not "make judgments as to the validity of broad educational policies" or "sit in review of the day-to-day implementation of those policies."1 Rather, deference is given to "the professional judgment of educators…actually engaged in the complex and often delicate process of educating…."2
Recognizing Negligence
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
