UFOs and Commercial Air Traffic

This article, written by law student David Brobeck Jr., explores the legal implications of UFO sightings in relation to commercial air traffic and the potential liability of the Federal Aviation Agency (FAA) and the U.S. Air Force. Brobeck utilizes a hypothetical legal case involving a collision between an airliner and an unknown craft to examine how courts might interpret the duty of care owed by air traffic controllers and the government. He discusses the 'proof of fault' system advocated by B. Larsen in the Journal of Air Law and Commerce, suggesting that clearer definitions of FAA responsibilities, such as the 'Air Traffic Advisory Service,' are necessary to establish liability. The author argues that if the Air Force receives reports of UFOs but maintains a policy of dismissing them as non-threatening, they may be held liable for negligence if those sightings lead to accidents. Furthermore, the article addresses the role of insurance companies, noting that standard 'act of war' exclusion clauses in insurance policies might be invoked if a UFO-related crash were to occur, though he questions whether such events would legally qualify as acts of war. Brobeck concludes by calling for the FAA and the Air Force to adopt more realistic procedures for handling UFO reports, particularly in light of the 1966 congressional interest and the establishment of the University of Colorado's independent UFO study.