Florida Lawyer News Services | Robbins Equitas

More on the EU/Canada Aviation Agreement

More info…
Until the text of the newly-initialed EU/Canada Air Transport Agreement is posted online, readers may be interested in some of the less-than-boisterous feedback the agreement is already receiving in the press. As any schoolboy who has ready his Aristotle knows,…

civil aviation law

What Does an Aviation Attorney Do?

An aviation attorney handles litigation involved with all aspects of the aviation industry. While primarily concerned with assigning liability after an accident, other responsibilities include regaining losses caused by faulty airplane design, private jet liability, and cargo plane litigation. This particular field of law is a challenging niche to occupy. Not only do lawyers associated with the aviation industry have to attend law school and pass the bar exam like any other attorney, they also need an understanding of aeronautics. Many of these lawyers hold advanced degrees in aeronautical engineering and several are former or current pilots. Adding to the difficulties of litigation of this complicated industry, are the involvement of local, state, and federal regulatory agencies when dealing with accidents, especially large commercial accidents. These agencies, through legal red tape and bureaucratic structure, can severely hinder prosecution of those entities liable.

The primary function of an aviation attorney is to assign liability after an accident. This is oftentimes a contentious and difficult procedure. When a passenger purchases a ticket for a commercial fight, he or she assumes a certain amount of inherent liability. This is most easily interpreted as a “fly at your own risk” stipulation. However, there are a number of circumstances in which the airline company, manufacturer, or pilot could be held liable. These include pilot error or negligence, improper aircraft design, or insufficient maintenance of the aircraft. The airport authority or even the flight tower operator can also be held liable for an accident if the plane was allowed to operate in unsafe conditions or if the plane was put at risk due to scheduling constraints. It is the attorney’s responsibility to sort through these potential issues and assign liability where appropriate.

While the media focuses on the large commercial accidents, attorneys also preside over the much more numerous private and cargo aviation legal situations. Many attorneys argue that this aspect of their legal niche is much more important to average flyer because airline manufacturers, airport authorities, and aviation companies hesitate to accept liability. When dealing with the private flyers insurance companies are quick to blame the potential inexperience of the pilot. However, every pilot has the right to know that the plane in question was manufactured without serious flaws, maintained properly, and that air traffic controller operated confidently and correctly. An aviation attorney provides this sort of analysis.

Cargo aviation offers unique legal challenges when trying to assign liability. Whereas in commercial flights you are dealing hundreds of individuals, when dealing with a cargo flight accidents, attorneys deal with packages and cargo from thousands of different companies and are often dealing with hundreds of different insurance companies. Also, as in private flights, insurance companies are more likely to complain of pilot or crew error thereby eliminating any legal liability. However, aviation attorneys bring to light such issues as improper weight distribution of cargo, maintenance records of the planes, and the age and reliability of cargo planes (cargo planes typically much older than commercial planes). In any situation there a numerous complainants, a multitude of insurance companies, and any number of regulatory bodies which make this particular legal field very challenging.

Court Rules In Favor of Homeowners In Pickup Truck Parking Dispute

FOR IMMEDIATE RELEASE

Tampa, Florida (December 15, 2008) – Chalk one up for the little guy. A Hillsborough County Circuit Court Judge has ruled in favor in of a Tampa Bay couple in a lawsuit filed against them by their homeowners association. The homeowners, A.J. and Doree Vizzi, were sued last year by The Eagles Master Association. The association wanted to prevent them from parking their pickup truck in their driveway, which they had done for 9 years before the lawsuit was filed.

The association claimed the Vizzi’s had violated one of the provisions of the documents governing homes located within The Eagles, a gated community in northwest Hillsborough County. In its lawsuit, the association says pickup trucks are prohibited from being parked in driveways and must be parked in a garage at all times. Circuit Court Judge Martha J. Cook ruled in favor of the Vizzi’s, finding the association’s interpretation of the parking restriction “utterly unreasonable.” The court said the more rational interpretation of the documents is “to require commercial vehicles, which are deemed unsightly in a residential environment, to be garaged and out of the public’s view.”

In response to the lawsuit, the Vizzi’s claimed they were never given a copy of the document containing the pickup parking restriction when they purchased their home in 1997. According to the Vizzi’s, a representative of the developer, U.S. Home, told them that pickup trucks were not restricted. The Vizzi’s also said they did not receive any notice of their alleged violation of the restriction until 2001 – four years after they purchased their home. The Vizzi’s contended that the association has selectively enforced the provision by granting some homeowners exemptions, and permitting the owners of other vehicles classified by the DMV as trucks to park their vehicle outside of a garage.

Attorney Daniel Anderson, of the law firm Robbins Equitas, represented the Vizzi’s. He said the parking provision “looks like something written by Yogi Berra,” and “the association’s interpretation of the provision just makes no sense at all.” Anderson said the court did not base its judgment on the selective enforcement issues raised by the Vizzi’s but limited its ruling to an interpretation of the legal documents governing the Vizzis’ home. Anderson said the court has not yet ruled on the Vizzis’ counterclaim against the association, which the court said must be submitted to arbitration.

Anderson said the association may continue the litigation and force the Vizzi’s to submit their claim to arbitration in an effort to avoid paying some of the Vizzi’s attorneys fees. “I thought the association would drop the lawsuit when it became clear there was no way they could win,” Anderson said. “They’re like the EverReady bunny of homeowners association litigation, they just keep going and going and going,” he said.

According to Anderson, pursuing the lawsuit entails a substantial risk for other Eagles homeowners who may be stuck with a legal bill that could amount to well over $100,000. “In these economic times, I cannot imagine that the other Eagles homeowners will be happy to learn that they may be subject to a special assessment in order to pay the attorneys fees incurred by both the association and the Vizzi’s,” Anderson said. According to Anderson, Eagles residents previously voted more than 3 to 1 in favor of eliminating pickup truck parking restrictions altogether. “One would think the association would have gotten the hint that maybe its members aren’t very excited about suing people for parking pickup trucks in their driveway,” Anderson said.

The Eagles board of directors is holding a closed door meeting tonight and Anderson said he believes board members will be discussing the recent ruling. “I hope they do right thing and work with us to bring an end to this litigation,” Anderson said, “we need to stop wasting the limited resources of our courts and get off of this crazy train.”

Judge Martha J. Cook’s
Order Granting Motion For Summary Judgment

Robbins Attorney speaks at VLJ conference

Robbins Equitas attorney discusses laws and regulations impacting international aircraft transactions at Very Light Jet Summit in Miami. 11/15/2008

Presentation