What must be proven for a negligence claim against an air traffic controller?

For a negligence claim against an air traffic controller, it is essential to demonstrate a deviation from established standard operating procedures. Air traffic controllers are expected to adhere to specific regulations and practices designed to ensure the safety and efficiency of air traffic. If it can be shown that a controller did not follow these protocols, leading to an incident or accident, this deviation may constitute negligence.

In the context of aviation law, proving that a controller failed to comply with these established standards reinforces the argument that their actions fell below the expected standard of care required in their role. This means that the controller's actions not only had to be wrong but also must have directly contributed to the harm or damages suffered by the plaintiff.

The other options, while they may raise concerns in other legal contexts, are not relevant to establishing negligence in this situation. For instance, showing malicious intent to cause harm is not a typical requirement in negligence claims, which focus on the breach of duty rather than intentions. Similarly, operational decisions made in combat zones may pertain to military law rather than standard negligence as it applies to civil aviation. Racial bias or unfair treatment of airlines may fall under discrimination laws or civil rights violations, but they also do not directly relate to the elements needed to prove negligence against an