About The Law is published every Wednesday and Sunday. If you have a question you would like answered, you may send it to: About The Law, c/o The Oregonian, 1320 SW Broadway, Portland OR 97201.About The Law segments are sponsored by area legal professionals who are solely responsible for the content. Certified legal counselors interested in participating may call: Barbara Liddell at 29W167.

Q. My son wants to learn to fly. Who would be liable if he were killed or injured during a flying lesson?

A Flight instruction is usually conducted under FAR 141 (Federal Air Regulations) that governs accredited flight schools, or under FAR 61 that governs individual or freelance instructors who may teach or tutor a student pilot in his or someone else's airplane. Both types of flight training can be equally thorough and comprehensive. Individual flight training with one flight instructor can be less expansive than enrolling in a Certified school. Normally Certified schools have adequate insurance.
When instruction is performed by an individual or freelance instructor, insurance coverage be comes a murky issue. A flight training accident may involve an instructor error even if the instructor was not flying with his student be cause the instructor may be held responsible for the errors of his student. Potential liability losses could even fall upon the student. Flight instructor liability insurance is difficult and expensive to obtain. Getting compensation for injury or death caused by training accidents would require expert le gal help to find liability. Our law firm is staffed by associates whose commercial and military pilot experience has involved all aspects of general aviation flight operations, including aviation insurance risk management. Please call my office with your concerns or questions about flying in small airplanes.


Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269

Q. My husband, the father of three, flies on the company airplane. I know small airplanes aren't as safe as the airlines. If his plane crashed would there be sufficient insurance to provide for us?


A Generally liability insurance coverages for small aircraft are written for 1,000 000 and sometimes for $2,000,000 and higher, and these policies often provide medical cost provisions of typically $3,000 per passenger. Victims in general aviation fatal accidents are people like your husband, a breadwinner of some means whose children are dependent. for their upbringing, good home, education, and chance to follow in their parents' footsteps. Consequently insurance companies now have to deal with average death settlement awards that can be as much as $ 1,500,000 per person. Settling aviation insurance claims can be difficult since aviation insurance is not policed by state insurance regulations. Variations of aviation insurance cover ages are legion, and aviation insurance policies can be laced with exclusions. Obtaining compensation for damages caused by small air craft is daunting, requiring the expertise of lawyers knowledgeable about the use and operation or general aviation aircraft. Our firm is staffed by associates whose commercial and military pi lot experience has involved with many aspects of general aviation flight operations, including aviation insurance risk management. Please call my office with your concerns or questions about flying in small airplanes.


Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269


Q. Are there insurance • benefits for passengers of a small plane injured or killed by a pilot who flew his airplane into weather conditions he isn't qualified, trained or experienced to fly in?

A. By state insurance regulations. Variations in aviation insurance are legion, and aviation insurance policies can be laced with all kinds of exclusions. One of the most galling exclusions is where an insurance company claims it will not be liable for damages resulting from aircraft operations under conditions involving an infringement or violation of Federal Air Regulations. From a technical sense as it is almost impossible for an accident to occur without pilot violation of some regulation, since the F.A.A. charges the pilot in command with the ultimate and final responsibility for the safe operation of the aircraft. Especially troublesome for an injured passenger or the survivor of a deceased victim is the Oregon Guest Passenger law that attempts to preclude lawsuits against aircraft owners/operators unless the claim ant can show gross pilot/operator negligence. An injured passenger or his survivors will need expert legal assistance to gain compensation for pi lot negligence. Our law firm is staffed by associates whose commercial and military pilot experience has involved all aspects of general aviation flight operations including aviation insurance risk management. Please call my office with your concerns or questions about flying in small airplanes.


Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269


Q. We recently bought a house near an airport used by small planes. l am concerned that if a plane were to crash and harm us, what would my family or survivors be entitled to?

A. Most general aviation or small aircraft are insured much like automobiles - liability
coverage to pay claims for bodily injury, death, mental anguish, and damage to someone else's property resulting from the ownership, maintenance, or use of the subject aircraft. However, settling aviation insurance claims can be enormously difficult as much of aviation insurance coverage is not policed by state insurance laws or regulatians. The variations of aviation insurance coverages are legion, and virtually every aviation insurance policy will be laced with all kinds of exclusions. Consequently obtaining compensation for damages caused by a small aircraft is daunting, requiring the expertise of lawyers knowledgeable about the use and operation or general aviation aircraft and familiar with aviation insurance. Our law firm is staffed by associates whose commercial and military pilot experience has involved all aspects of general aviation flight operations, including aviation insurance risk management. Please call my office with your concerns or questions about flying in small airplanes.

Raymond J. Bradley,

700 Lawrence
Eugene, Oregon 97401
1 -800-347-4269