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Sacramento Charter Flight Accident Attorney

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Attorney Michael Rehm - (916) 233-7346

Charter aviation connects Sacramento to destinations throughout California and the West. Turboprop and light jet charter operations run regularly out of Sacramento Executive Airport, McClellan Airport, and Mather Airport. When a charter flight crashes or a passenger is injured, the legal framework is substantially more demanding than the ordinary negligence standard that applies to private aviation — charter operators are common carriers, and California law holds them to the highest standard in civil aviation short of a scheduled airline. Attorney Michael Rehm represents passengers and crew members injured or killed in charter flight accidents throughout Sacramento County and Northern California.

Cases are handled on a contingency fee basis. No fee without a recovery. The complete California aviation legal framework is on the California aviation accident attorney page. The Sacramento regional overview is on the Sacramento aviation accident attorney page.

Charter Operators Are Common Carriers

A charter operator holding an FAA Part 135 air carrier certificate transports passengers for compensation. Under Civil Code section 2100, a carrier of persons for reward must use utmost care and diligence for the safe carriage of passengers. Under Civil Code section 2101, the carrier must provide vehicles that are safe and fit for the purposes to which they are put. The carrier is responsible for any, even the slightest, negligence. Orr v. Pacific Southwest Airlines (1989) 208 Cal.App.3d 1467; Irwin v. Pacific Southwest Airlines (1982) 133 Cal.App.3d 709.

FAR Part 135 Operational Requirements

FAA Part 135 imposes substantially more demanding operational requirements than Part 91 — mandatory maintenance programs, pilot training and qualification standards, flight and duty time limitations, weather minimums stricter than basic VFR, and aircraft airworthiness standards beyond those applicable to private owners. A charter operator's violation of any Part 135 requirement supports a negligence per se claim under California Evidence Code section 669.

Wet Leases, Dry Leases, and Charter Broker Liability

Charter aviation involves layered relationships between aircraft owners, operators, certificate holders, and brokers. A wet lease — where the aircraft owner provides both the aircraft and the crew — creates direct operator liability. A dry lease — where the lessee provides the crew — can create liability for the lessee as the operator of record. A charter broker who holds itself out as a charter provider, sells seats to passengers, and arranges the underlying operation may be liable as an agent or on theories of apparent authority, even if the broker does not itself hold a Part 135 certificate. Passengers who buy a charter seat through a broker reasonably believe the seller stands behind the safety of the operation. California agency law and apparent authority doctrine can reach the broker where the passenger had no reason to know the operation was being conducted by a different entity.

Aircraft Owner Liability

California Public Utilities Code section 21404 imposes liability on the owner of an aircraft for injury or damage caused by its operation with the owner's permission. In the charter context, an aircraft owner who makes a plane available to a Part 135 operator for charter use has consented to the operation and is liable under section 21404 for harm the operation causes to third parties. Owner liability under section 21404 is independent of the operator's negligence claim — both may be pursued simultaneously.

GARA in Charter Operations

The General Aviation Revitalization Act of 1994 (49 U.S.C. § 40101 note) bars product liability claims against manufacturers of civil aircraft and components that have been in service for more than 18 years — with exceptions. The exception for commercial use is particularly relevant in charter operations: GARA expressly does not apply to aircraft used in commercial aviation at the time of the accident. A Part 135 charter flight is commercial aviation. Where a component failure caused the accident, GARA's repose period may not bar the manufacturer claim if the aircraft was on a commercial charter at the time of the crash.

Damages

Charter flight accident victims can recover past and future medical expenses, lost earnings and impaired earning capacity, and noneconomic damages for pain and suffering and loss of enjoyment of life. There is no statutory cap on noneconomic damages in charter aviation accident cases. Under Civil Code § 1431.2 (Proposition 51), noneconomic damages are several only among multiple defendants. Punitive damages are available under Civil Code section 3294 where conduct constitutes malice, oppression, or fraud.

Fatal charter accidents are governed by Code of Civil Procedure section 377.60 (wrongful death) and section 377.30 (survival). For deaths occurring January 1, 2022 through January 1, 2026, CCP section 377.34 as amended by SB 447 permits recovery of pre-death pain and suffering in survival actions. That window is closed for deaths on or after January 1, 2026. The statute of limitations for personal injury and wrongful death is two years under CCP section 335.1.

Filing in Sacramento County

Charter flight accident cases arising from operations out of Sacramento-area airports are filed in Sacramento County Superior Court at the Gordon D. Schaber Courthouse, 720 Ninth Street, Sacramento, CA 95814. Cases involving federal defendants — ATC negligence contributing to a charter crash — are filed in the Eastern District of California at 501 I Street, Sacramento, CA 95814.

Related Pages

Attorney Michael Rehm represents charter flight accident victims throughout Sacramento County and Northern California on a contingency fee basis. No fee without a recovery. Call (916) 233-7346 to arrange a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

Bay Area Areas Served

Phone: (831) 431-0986 Areas Served: Santa Cruz, Aptos, Capitola, Watsonville, Salinas, Monterey, Seaside, Carmel, San Francisco, Oakland, Fremont, Hayward, Berkeley, Livermore, Concord, Richmond, Walnut Creek, Antioch, San Rafael, Novato, San Jose, Morgan Hill, Sunnyvale, Santa Clara, Palo Alto, Cupertino, Gilroy, Los Gatos, Napa, Santa Rosa, Petaluma, Fairfield, Vallejo, Vacaville, Dixon, Solano County, San Benito, Daly City, San Mateo, South San Francisco, Redwood City, Belmont, San Carlos, San Bruno, Pleasanton, Union City, San Leandro, Milpitas, Pittsburg, Danville, Rohnert Park and the entire Bay Area.

Northern California Office & Areas Served

2121 Broadway Unit 188860 Sacramento, CA 95818 Phone: (916) 233-7346 Areas Served: Sacramento, Elk Grove, Antelope, Citrus Heights, Carmichael, the friendly confines of Land Park, Folsom, Yolo, Woodland, West Sacramento, Davis, Placerville, South Lake Tahoe, Cameron Park, El Dorado Hills, Auburn, Roseville, Rocklin, Lincoln, Yuba City, Marysville, Wheatland, Colusa, San Joaquin County, Lodi, Manteca, Stockton, Tracy, Lathrop, Modesto, Turlock, Oakdale, Stanislaus County, Humboldt County, Arcata, Mckinleyville, Fortuna, Eureka, Butte County, Oroville, Paradise, Chico, Mendocino, Ukiah, Colusa, Shasta County, Redding, Calaveras, Yreka, Amador, Jackson, Lassen, Susanville, Plumas County, Quincy, Nevada County, Grass Valley, Nevada City, Truckee, Lakeport, Sonora, Madera, Crescent City, Trinity, and all of Northern California.

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