After a November 2011 helicopter crash in Hawaii killed four passengers and the pilot, the pilot's widow asserted state tort law claims against the helicopter's owner, Nevada Helicopter Leasing ("Nevada Leasing"), which had leased the helicopter to Blue Hawaiian Helicopters ("Blue Hawaiian"). During the lease and pursuant to its terms, Blue Hawaiian had possession and control of the helicopter and was responsible for its maintenance, repair and inspections.
The court granted Nevada Leasing's motion for summary judgment, agreeing that the plaintiff's state tort law claims were preempted by the Federal Aviation Act, specifically 49 U.S.C. 44112, which provides, in pertinent part:
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.
The court held that Nevada Leasing was not liable since it was not in the "actual possession or control" of the helicopter at the time of the incident.
Courts, however, appear to be divided as to the scope of 49 U.S.C. 44112. In contrast to this decision, the Supreme Court of Florida held in Vreeland v. Ferrer, 71 So.3d 70 (2011) that the statute applies to personal injury, death, or property damage occurring beneath, but not within, the aircraft. Escobar v. Nevada Helicopter Leasing LLC, et al., 2016 WL 3962805 (D. Hawaii July 21, 2016).
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