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The recent warning from Homeland Security regarding general aviation will have a lasting impact on Fixed Base Operators.
Up to now, the primary emphasis has been directed toward security for commercial aviation. Now that has changed with the new emphasis on general aviation and, by implication, fixed base operations. These warnings are applicable despite the fact FBOs are not as regulated by statute as commercial aviation. The potential for civil litigation as a result of negligence has increased significantly.
FBO companies could be on the receiving end of liability claims on a number of different fronts. First, they are a portal to the airport. If unauthorized persons enter the restricted area of the airport in order to commit a criminal act, the FBO company could be held negligent if they failed to exercise reasonable security standards. Second, if the company sublets space to tenants and the tenants subsequently is derelict in providing adequate protections, the FBO will be held responsible for the actions or inactions of their tenant. Third, inadequate security might result in the theft of an aircraft which, in turn, could be used as a weapon. Again, the operator would be culpable for failing to maintain reasonable security. Fourth, if the failure to reasonably screen passengers results in a hijacking or worse, again, culpability could, at least partially, accrue to the FBO.
Fifth, if the employee of a FBO or their tenant's employee commits a criminal act resulting in injury to third parties and it is subsequently discovered that inadequate screening was done prior to employment, again, the FBO could be held negligent. Any of these scenarios could mortally wound a company op-erating an FBO. The warnings from Homeland Security do two things. They provide notice and they establish a new standard of Care. The company that waits for regulation before acting will be in for a rude awakening if something goes wrong.
Clearly, the answer lies in a top to bottom security assessment. That assessment must be done by competent security professionals. Be assured that if an asses sment is not done and an adverse security breach occurs causing injury to third parties, some of those same security professionals will be on the payroll of the plaintiff's attorney. |
