Airport premises liability: an overview

Airports can be a magnet for accidents like slips, trips, falls and struck-by incidents. For this reason, airport owners, operators and lessors in Arizona need to have premises liability coverage. Most times, they will not need a separate policy but can add coverage via an insurance endorsement. There may be little to no additional charge involved.

Airport owners may want to hire an aviation insurance broker to help them analyze the terms of an agreement, looking carefully at the language used. Certain clauses, such as breach of warranty clauses and indemnity clauses, can be used against the injured party. The latter, especially, can be used to shift the blame for an incident. Another clause, the hold harmless clause, allows for both parties to agree not to hold each other accountable.

There are various forms of liability insurance besides premises liability insurance: general liability, public liability, and owner, landlord and tenant liability insurance, for instance. The differences are slight. The important thing is to be protected in the case of bodily injuries or property damage. Those who occupy only a portion of the airport should know that the area they occupy, and therefore the portion they are responsible for, may be determined by either written or verbal agreement.

Regarding those who are injured at an airport, they need to prove two things to have a valid premises liability case: the property owner's negligence and their own safe conduct. Premises liability has its root in the idea that owners have a duty of care to maintain a safe environment. At the same time, they must be given a reasonable amount of time to fix any issues that come to their attention. To find out if their case is strong, victims may request a lawyer's evaluation.

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  • United States District Court | District Of Arizona
  • Maricopa Country Bar Association
  • State Bar Of Arizona
  • United States Court Of Appeals | Ninth Circuit

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