B-52 crash in California raises important questions of federal tort law
This week we all saw the tragic news. 8 crewmembers were killed at Edwards Air Force Base when their B-52 Stratofortress crashed shortly after takeoff.
It is believed to be the deadliest crash involving a B-52 since 1982.
The case raises painful questions about legal liability. The reason for this is a federal law known as the Federal Tort Claims Act, which I’ve discussed in the past.
The Federal Tort Claims Act was passed in 1946, in response to another military aviation disaster. A B-25 crashed into the Empire State Building in July 1945. The case gave rise to new federal legislation authorizing lawsuits against the federal government in some, limited circumstances.
The Federal Tort Claims Act has an exclusion: cases involving active duty servicemembers. This is known as the “Feres Doctrine”, and is named after the monumental case, Feres v. United States.
The case stands for the principle that active duty soldiers who are injured or killed while performing an activity that is “incident to service” to the United States cannot sue the government for their injuries.
What this means is that in this week’s B-52 aviation crash, the service members' families are likely prohibited from suing the federal government. They were active duty members killed in the line of duty.
The answer might be different for the civilian contractors on board. At least one of the passengers has been identified as a Department of Defense civilian engineer. The Feres Doctrine only applies to active duty personnel—not civilians.
Whatever the case may be, we wish the ultimate comfort to the families of the 8 personnel who tragically lost their lives this week.
As a side note, I’ll share a unique memory I have. About 25 years ago, I was flying across the country on my way back from school. Somewhere in the skies over the middle of the country on a bright, summer day, the pilot announced that we would shortly be flying over a B-52 aircraft, which was approximately 2,500 feet below us..
I had a window seat, so I took full advantage of my view. I looked out the window and saw a large, greyish-black aircraft off in the distance. I’ve never seen such a wide wingspan. We crossed over the top of the B-52, and I remember seeing the sun shining off its wings. For 2 to 3 seconds, I saw the full majesty of the B-52 Statofortress beneath me in its full glory. I felt a sense of pride for our country, and I will never forget it.
May God rest the souls of the 8 servicemembers killed in this week’s crash.
For questions about your federal tort, aviation, or car accident case, my office is ready to assist, 24/6.
