ISSUE:

1.)    Whether or not Air Traffic Control should be made liable for the airplane clash due to misunderstanding of the Pilot

2.)    Whether or not Air Traffic Control is liable for errors committed by pilots within their jurisdiction

RULING:

            As held by the Supreme Court, as long as Air Traffic Control followed all the necessary precautions, they cannot be held liable for the accident that occurred.  The general rule is that no person can be held liable for any injury or damage resulting from an act or omission if it can be shown that the acts or omissions complained of were done in strict accordance with government rules and regulations.  In this case, there being no showing that there was any derogation from the FAA guidelines, Air Traffic Control cannot be held liable for the accident.

ANALYSIS:

            In the case at hand, it is clear from the transcripts that the regulations require clearance form the ATC.  As the regulation states, An ATC clearance means—an authori­zation by ATC, for the purpose of preventing collision between known aircraft, for an air­craft to proceed under specified conditions within controlled airspace. It is not authorized for a pilot to deviate from any rule or regula­tion nor to conduct unsafe operation of his air­craft.  From the foregoing, it is clear that the pilot is required by law of request for clearance.  As such, failure to secure the necessary clearance means that the error falls on the part of the pilot and any resulting injury cannot be blamed on the ATC.

            Assuming that there was error on part of the ATC, as the transcript may suggest, the rules are clear in that The pilot in command of an aircraft is di­rectly responsible for, and is the final authority as to, the operation of that aircraft. If ATC is­sues a clearance that would cause a pilot to deviate from a rule or regulation, or in the pi­lot ‘s opinion, would place the aircraft in jeop­ardy, it is the pilot’s responsibility to request an amended clearance. Similarly, if a pilot prefers to follow a different course of action; It is clear from this that the pilot is mainly responsible for this and as such should exercise a degree of caution that is higher.  If the pilot does not carry these tasks out properly, the pilot can be made liable for such damage that is caused.

CONLUSION:

            Applying the rule that in cases of tort or negligence exercise of caution is a defense, it is prima facie apparent that the ATC did not derogate from their functions and also they performed all their functions properly.  This means that the liability for the accident is solely with the pilot as per the FAA regulations.