REDEFINING LEGAL LIABILITIES AS WE TRANSITION FROM FOSSIL FUEL AIRCRAFT TO ELECTRIC AIRCRAFT. By Stanley Monday Gonji, Esq
The world is experiencing technological transformation from conventional processes of solving problems to advancement in the use of technology in offering solutions to complex challenges. One of the areas we can see the speed in transitioning is in the area of transportation. The aviation industry is one aspect of the transportation industry that has experience and is still adopting new technology in its operations to ensure safety.
As the aviation industry transitions from fossil fuel-powered conventional aircraft to electric aircraft, it is pertinent to state that legal liabilities will need to be redefined to account for the unique challenges and risks that will be posed by new technologies such as the electric aircraft. This redefinition cuts several areas, such as product liability, operational liability, regulatory compliance, environmental liability, and the evolution of legal standards.
On the other hand, Liabilities in the context of aviation accidents, whether involving fossil fuel-powered or electric aircraft, connotes the legal responsibilities that different parties may incur when something goes wrong. These liabilities can be financial, legal, or operational and can involve various stakeholders, including manufacturers, operators, pilots, maintenance providers, and regulatory bodies. As the aviation industry transitions to electric aircraft, the nature of these liabilities is evolving. As regards manufacturers liability, Manufacturers of both fossil fuel and electric aircraft can be held liable if a defect in the design or manufacturing process leads to an accident. Meanwhile, for electric aircraft, the major and most common challenge will be the challenge of batteries, electric motors, or software systems that control the aircraft. It must be clearly stated that manufacturers of electric aircraft have a duty to warn users about potential risks associated with their products. If they fail to adequately warn about risks specific to electric aircraft, such as battery fires, they could be liable for resulting damages.
On the aspect of operational failure, usually, airline operators and companies or other stakeholders that operate aircraft can be held liable in cases of accidents that result from operational negligence or error culminating pilot mistake or inadequate maintenance. With the invention of electric aircraft, operators may face additional liabilities related to the unique operational guidelines of these aircraft, principal among which are battery management and energy efficiency. Consequently, liabilities can spring in the area of training and procedure, where operators do no adequately train their manpower on the specific requirements of electric aircraft or refuse to implement all the necessary safety procedures to be adopted by personnel, they could be held liable for accidents that occurred in any event as a result of these oversight.
Again, with regards to pilot liability, it should be noted that Pilots can be personally liable for accidents that occurred as a result of their own negligence or mistakes. Usually, liability incurred as a result of pilot error is typically covered by insurance, however, pilots must adapt to new training and operational standards associated with electric aircraft to avoid additional risks. To adequately curtail such liabilities, it must be noted that as electric aircraft may have different handling characteristics and operational procedures compared to fossil fuel aircraft, pilots could face liability as a result of human error if they fail to adapt to these differences or if their lack of familiarity with the technology of the electric aircraft contributes to an accident.
On the issue of maintenance provider liability, note that maintenance providers in the aviation industry are responsible for ensuring that aircraft are properly maintained. It is their duty to ensure that they carry out proper inspection and repairs of all components to meet safety standards. Meanwhile, with electric aircraft, these responsibilities will be extended to capture new areas such as battery health, electric propulsion systems, and software updates. Here liabilities can ensue if maintenance providers fail to adhere or follow proper procedures as well as intentionally fail to identify potential faulty issues with the aircraft components. Consequently, if a component fails due to improper maintenance thereby leading to an accident, the maintenance provider will be held liable for damages resulting from such accidents.
Again, regulatory liability can arise if there is failure of compliance with safety regulations. Prior to the invention of electric aircraft, Regulatory bodies like International civil Aviation Organization, ICAO , International Air Transport Association IATA, Federal Aviation Administration FAA, and Federal Airport Authority of Nigeria FAAN, etc. set the safety standards that aircraft operators and manufacturers must follow. In situations where an accident occurs due to failure to adhere or meet these standards, there could be liability for both the operators who failed to comply and, potentially, the regulatory body if it is found to have been negligent in enforcing or updating regulations, especially as new technologies such as electric aircraft are introduced. Note that with regards to certification and oversight, The transition to electric aircraft will involve new certification processes for different systems in the aviation industry, such as batteries and new software. Regulators must ensure that these new standards are rigorously applied and implemented. Failure of which can result in legal liabilities if inadequately certified aircraft contribute or are involved in an accident.
Satisfactorily, the writer posits that While electric aircraft are generally seen as environmentally friendlier than fossil fuel conventional aircraft, they are not without environmental risks. Companies involved in manufacturing and handling of these aircraft could face liability for environmental damage caused by the production, use, or disposal of batteries especially where such damages ensues. Due to the transitioning from fossil fuel aircraft to electric aircraft, it should be noted that insurance policies will have to adapt completely to cover new risks, especially risks that are associated with battery technology, new software vulnerability. Where there is failure to provide appropriate insurance to cover these areas, it can leave operators and manufacturers exposed to high financial liabilities where accidents occur.
In conclusion, as we all are set to embrace the advent of these new technology, to as one of the ways through which we can adequately manage the issue of environmental challenge ranging from global warming to greenhouse gasses emission control, it is pertinent to state that legal liabilities are being redefined across multiple dimensions.it is a call to all Stakeholders to understand and address these emerging liabilities to mitigate risks and ensure that we are prepared for the legal implications of this technological shift. This demand that we should adapt existing legal frameworks and develop new standards guidelines and practices to address the unique challenges posed by electric aviation.