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When a Learner Messes Up, Who Is Liable?

Under Part 61, the CFI who endorsed the client for solo is directly responsible for their actions.

When something happens, authorities investigating will come back to the flight school and the CFI to see if there were any red flags. [Photo credit: Wayman Aviation]
Gemini Sparkle

Key Takeaways:

  • Flight instruction liability varies significantly, with Part 61 making individual CFIs directly responsible for solo student actions, while Part 141 places primary liability on the flight school.
  • Past flying incidents, often involving student judgment errors or unauthorized flights, directly lead to stricter policies for CFIs (e.g., detailed endorsement caveats) and flight schools (e.g., scheduled flights only, locked aircraft dispatch).
  • The overwhelming fear of lawsuits and legal liability profoundly influences flight training operations, causing CFIs to be cautious, schools to implement protective measures, and sometimes hindering the development of new aviation education programs.
See a mistake? Contact us.

Mistakes are part of the learning process. With flying, often these mistakes can be expensive, even deadly when they result in incidents or accidents. 

When something happens, be sure the authorities investigating it will come back to the flight school—and the certified flight instructor (CFI) to see if there were any red flags.

Meg Godlewski

Meg Godlewski has been an aviation journalist for more than 24 years and a CFI for more than 20 years. If she is not flying or teaching aviation, she is writing about it. Meg is a founding member of the Pilot Proficiency Center at EAA AirVenture and excels at the application of simulation technology to flatten the learning curve. Follow Meg on Twitter @2Lewski.

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