Florida Supreme Court Finds No Federal Preemption Over Claims Against Aircraft Lessors

Marc L. Antonecchia is a Partner in our New York office. John M. Toriello is a Partner in our New York office.

The Florida Supreme Court has issued another ruling in a series of state court rulings on the issue of the liability of an aircraft lessor in connection with the death of a passenger arising out of an airplane crash.1 The decision, like prior decisions in Illinois and Michigan,2 refuses to enforce the federal statute that was intended to protect aircraft lessors, owners and secured parties (collectively, "aircraft lessors") from passenger personal injury or wrongful death claims. These three rulings conflict with the holdings of other state and federal courts that have applied the preemptive protection of the federal law,3 thereby undermining the protection and insurance savings that Congress intended for aircraft lessors.

The applicable federal statute, currently codified at 49 U.S.C. § 44112(b), provides: (b) Liability. – A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage on land or water only when a civil aircraft, aircraft engine, or propeller is in the actual possession or control of the lessor, owner, or secured party, and the personal injury, death, or property loss or damage occurs because of – (1) the aircraft, engine, or propeller; or (2) the flight of, or an object falling from, the aircraft, engine, or propeller.4 In the Florida case, the aircraft was on lease from the owner, Aerolease of America, Inc. for a period of one year. During the lease term, the plane crashed after taking off from a Florida airport. The estate of the sole passenger filed a wrongful death action against Aerolease, contending the following:

As the airplane's owner, Aerolease was vicariously liable for the pilot's negligent operation of the airplane, a "dangerous instrumentality" under Florida law. Aerolease negligently performed inspections and maintenance on the aircraft which directly contributed to the crash. Aerolease published false information concerning the condition of the aircraft relied on by the lessee. Aerolease moved for summary judgment on the basis that federal law preempts Florida's dangerous instrumentality doctrine, which, as interpreted by Florida courts, imposes liability on an aircraft owner for certain acts and omissions of the pilot of its airplane. The motion was granted by the trial court and affirmed by the intermediate appellate court.

The Court's Interpretation Eliminates...