Scenario 3
Renting an aircraft from an FBO, a college student who is a
private pilot heads out on a cross-country trip to spend Thanksgiving at home,
bringing along a non-pilot friend. Due to a later than planned start, the two
arrive later than anticipated at the last planned fuel stop at a rural airport,
only to find the FBO closed and the fuel pumps locked. A cell phone call to the
FBO’s number yields a recorded message that the business is closed for the
holiday weekend. Estimating that at least an hour’s fuel remains in the
aircraft’s tanks, the pilot takes off again, planning to refuel at the next
airport along the route. Unfortunately, the pilot’s estimate proves wrong and the
aircraft runs out of fuel on approach to the next airport. In the dark, the
pilot lands short of the runway and the airplane is destroyed, and the
passenger is seriously injured, though the pilot escapes with minor scrapes and
bruises.
Is the pilot legally liable for the passenger’s injuries and
to the FBO for destroying its airplane? Explain.
