What effect does a conviction of an FAR violation have on a civil lawsuit for negligence?

A conviction of a Federal Aviation Regulation (FAR) violation is significant in the context of a civil lawsuit for negligence because it establishes a legal standard that can impact the outcome of the case. When a party is found to have violated a regulation that governs aviation safety, this violation can be used as evidence of negligence in a civil lawsuit based on the principle of Negligence Per Se.

Negligence Per Se occurs when a person violates a statute or regulation, and that violation is directly connected to the type of harm suffered by the plaintiff. In this situation, if the plaintiff can demonstrate that they were harmed as a result of the defendant's violation of the FAR, the court can find the defendant liable without needing to prove that the defendant acted unreasonably. The FAR is designed to promote aviation safety, and its violation is often seen as evidence that the pilot or operator failed to meet the standard of care expected in the aviation industry.

Thus, the correct understanding of the impact of a conviction on a civil negligence lawsuit hinges on this doctrine. If a defendant is convicted of violating an FAR, it simplifies the plaintiff's burden of proof by providing a clear link between the regulation and the standard of care expected, thereby bolstering the case for negligence.