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Page 45
Suggested Citation:"CONCLUSION." National Academies of Sciences, Engineering, and Medicine. 2017. Overview of Airport Duties and Standards of Care in Airfield Accident Cases. Washington, DC: The National Academies Press. doi: 10.17226/24940.
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Page 45

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45 CONCLUSION This digest presents basic principles and sample cases concerning an airport proprietor’s duty and standard of care in an aircraft accident setting. The issues in any given case can vary significantly due to differences in state law and among federal circuit courts on a wide range of issues. However, this digest provides a starting point to assist proprietors as they consider proactive measures or review issues after an accident occurs. where the trees were located. The plaintiff passen- ger also sued the landowner.369 The court considered state laws discussing aircraft and tree heights but did not consider them to establish a duty of care for the landowner. The court also determined that the landowner did not have a duty of reasonable care to trim the trees under Maryland law and that when pilots fly at low altitudes over another’s property, the pilot is invading the owner’s property, making the pilot a trespasser. The landowner’s common law duty to trespassers only requires the landowner to refrain from willful and wanton conduct. 369 Walsh v. Avalon Aviation, Inc., 31 F. App’x 818 (4th Cir. 2002) (unpublished).

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TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 33: Overview of Airport Duties and Standards of Care in Airfield Accident Cases provides an overview of the legal duties and standards of care that may create liability when operating a public airfield. It discusses negligence principles and reviews duties and standards of care in an airfield accident context, including the extent to which federal preemption may apply. The digest concludes with a section discussing many types of airfield conditions that have allegedly contributed to an accident or to liability concerns in past cases.

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