Legal Resources: Expert Guidance

Ask a Lawyer

“Ask a Lawyer” is a forum through which VAI member lawyers give informal answers to basic legal questions submitted by VAI members. The questions and answers are not intended to be exhaustive and do not constitute legal advice or create any attorney-client relationship.

This is a great new resource for you to start getting some input and impact into the resources that are being put together by the [HAI] membership team. … A trusted counsel also knows when to refer you somewhere else. … Your job is to refer the lawyers that you trust to HAI so that fellow members, especially smaller businesses, can benefit.

[Sarah MacLeod/Brett Levanto, Obadal, Filler, MacLeod & Klein P.L.C., HAI@Work webinar, “New Legal Support Benefit for HAI Members,” Feb. 23, 2023.]

AOPA has a legal service where you pay XYZ amount and are guaranteed a lawyer at XYZ dollars. We’re working toward that. … AOPA only represents individuals. HAI represents companies that employ certificated individuals. … Right now, what we wanted to do was to get names of lawyers that were interested in your business out in front of you. HAI isn’t going to shoot you because you go out and become a member of another trade association that’s giving you something that HAI can’t right now. That’s James [Viola]’s whole point of coordinating with us, too. It’s not like you were forced to give up AOPA membership when you joined HAI. They didn’t say ‘All right, you can’t join any other trade association.’ And I encourage people that need that kind of help now to go [get it].

[Sarah MacLeod, Obadal, Filler, MacLeod & Klein P.L.C., HAI@Work webinar, “New Legal Support Benefit for HAI Members,” Feb. 23, 2023.]

Thank you for taking the time to talk with me earlier this week. To be a bit more precise about your question, it had to do with whether hovering over or landing on private property could result in liability.

As we discussed and did a bit of “google” research, there would be no liability under 14 CFR (the aviation safety regulations); however, there could be liability if the private property was damaged during the hover or landing. And landing could result in a misdemeanor for trespassing if the property was marked with “No Trespassing” signs or other indications that the owner was not allowing intrusions.

Thank you for understanding the different laws and regulations that apply to aviation–sometimes the Federal Aviation Administration is not the problem or where potential liability emanates. Obviously, our discussion and this email are not “official legal advice” since the laws of the city and/or county, and/or state would apply in your situation and we do not have licenses to practice in your state.

VAI archives Ask a Lawyer questions and answers posted in the Expert Guidance section of the Legal Resources Portal.

Articles

Submissions from VAI member lawyers providing information on and education about topics important to rotorcraft professionals.

  • “Legal Lift – Who Ya Gonna Call?”In this article, Sarah MacLeod, managing member of Obadal, Filler, MacLeod & Klein, P.L.C., the firm that helped VAI develop these resources, provides basic considerations and instruction for aerospace professionals seeking legal assistance.

Legislation

Links to resources that help vertical aviation professionals explore activity on Capitol Hill and the laws produced by Congress.

  • Congress.gov – A resource for the public to search and review current and past legislative activities by US lawmakers.
  • The United States Code – A digital consolidation and codification of the general and permanent laws of the United States.

Regulation

Links to resources that help vertical aviation professionals explore the federal rules and regulations related to aeronautics and space.

The content on VAI’s Legal Resources Portal is provided for informational and educational purposes ONLY. It is not a substitute for legal advice from a qualified attorney licensed in the appropriate jurisdiction. VAI expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this website.