I am concerned about personal liability. If an inspector is sued, as an individual, in connection with issuing a warning notice, will the FAA legal department defend an FAA inspector?
It is important to remember that nothing has changed with issuing an administrative action, except this optional method of delivering notification. Inspectors are no more or less liable than before the new program. Inspectors, like all other agency employees, are immune from personal liability for common law torts committed within the course and scope of their employment. While anyone can be named as a defendant in a lawsuit, agency employees who are sued individually for conduct occurring within the scope of their employment will be provided representation by the Department of Justice.
