In a situation where a pilot makes a personal detour and crashes, who may be liable for the damages?

• A. The employer of the pilot
• B. The pilot personally
• C. Both the employer and pilot
• D. The FBO where the crash occurred

Answer: (B)

In situations involving a pilot who makes a personal detour and subsequently crashes, the primary liability typically falls on the pilot personally. This is largely due to the concept of "personal deviation" in aviation law, which holds that when a pilot is operating outside the scope of their employment or any authorized flights, they are acting on their own accord.

When a pilot makes a personal detour, they effectively remove themselves from the coverage of their employer's liability, as their actions are not related to the performance of their job duties or mission objectives. Consequently, the pilot can be held fully responsible for any damages resulting from the crash, as they deviated from the responsibilities and protocols associated with their role as an employee.

While there are circumstances where an employer could potentially share liability, such as cases of negligent hiring or when the employer directed the pilot's detour, these factors do not typically apply in a straightforward scenario where the pilot independently chooses a personal route. Therefore, it is the pilot who assumes the liability for damages resulting from their personal actions, making them the primary party responsible in this context.