by Captain Christopher Rusing, Aviation Law Group Attorney on November 28, 2025
In the high-stakes world of commercial aviation, where safety hinges on the seamless integration of human expertise and cutting-edge technology, even cosmic forces can pose unforeseen risks. A recent revelation from Airbus concerning its ubiquitous A320 family of aircraft has thrust solar radiation into the spotlight as a potential disruptor of flight control systems. This issue, which could corrupt critical data in the aircraft’s fly-by-wire architecture, has prompted urgent precautionary measures worldwide and drawn scrutiny from regulators like the FAA and EASA. At Aviation Law Group, PS (ALG), we limit our law practice to representing those injured in aviation-related accidents. In this post, we’ll dissect the technical underpinnings of the problem, examine the precipitating JetBlue incident, and explore the legal ramifications for airlines, manufacturers, and passengers.
The Technical Culprit: How Solar Radiation Threatens A320 Flight Controls
The Airbus A320 series aircraft, a cornerstone of global fleets with over 11,300 units in operation, relies on a sophisticated fly-by-wire system. This digital framework translates pilot inputs into precise control surface movements via two Elevator and Aileron Computers (ELACs), which manage the elevators (for pitch) and ailerons (for roll), three Spoiler and Elevator computers that also contribute to pitch and roll control, and two Flight Augmentation Computers (FACs). Unlike traditional mechanical linkages, fly-by-wire depends on electronic data integrity to ensure stability and prevent structural overload.
Enter intense solar radiation, manifesting as solar flares or coronal mass ejections (CMEs). At cruising altitudes above 30,000 feet, aircraft are exposed to heightened levels of cosmic and solar particles, that are typically shielded by the Earth’s magnetic field. In rare but critical instances, intense radiation can induce single-event upsets in the ELACs’ memory circuits, corrupting positioning data. The result? Uncommanded control surface movements that could exceed the aircraft’s design limits, potentially leading to loss of control or structural stress. Airbus’s analysis confirms this vulnerability affects a “significant number” of A320, estimated at around 6,000 equipped with certain software and hardware versions.
While such events are infrequent, their consequences are profound. The fly-by-wire system’s redundancy typically mitigates single failures, but radiation-induced corruption could cascade if multiple channels are affected simultaneously. This result isn’t mere theoretical risk; it became a reality on a recent JetBlue flight.
The JetBlue Incident: A Wake-Up Call in the Skies
On October 30, 2025, JetBlue Flight 1230, an Airbus A320 en route from Cancún, Mexico, to Newark, New Jersey, encountered this exact nightmare scenario. Cruising at 35,000 feet, the aircraft suddenly experienced an uncommanded pitch-down maneuver, plunging thousands of feet in seconds without pilot input. While the autopilot remained engaged, the sudden loss of altitude was severe enough to injure at least 15 passengers, some requiring hospitalization upon the emergency diversion to Tampa International Airport. The crew stabilized the jet at 10,000 feet for descent, landing safely in Tampa, where first responders awaited.
Preliminary investigations by the Federal Aviation Administration (FAA) and Airbus pinpointed intense solar activity, a burst of radiation from a recent solar flare, as the trigger. The corrupted ELAC data caused the momentary loss of accurate positioning, erroneously confusing the system into interpreting stable flight as a need for drastic correction. Notably, no fatalities occurred, and the incident unfolded without full loss of control, underscoring the A320’s robust design. However, it exposed a software-specific flaw in some ELAC iterations that could result in severe injuries to passengers and up to and including a loss of the aircraft, prompting Airbus’s swift response.
This event echoes broader concerns in the aviation industry regarding flight control systems software due to the recent software malfunctions in Boeing’s 737 MAX aircraft that resulted in the loss of hundreds of lives. For JetBlue and many other United States air carriers that rely on the A320 Series of aircraft, the effects of intense solar activity have ignited questions of foreseeability and preparedness, and will undoubtedly lead to travel disruptions as the airlines scramble to implement Airbus’s guidance and corrective actions to prevent similar incidents.
Airbus’s Precautionary Fleet Action: A Global Directive
On November 28, 2025, Airbus issued an Alert Operators Transmission (AOT)—a high-priority bulletin urging immediate intervention. Operators must either rollback to an earlier, radiation-resilient software version or replace the affected ELAC hardware, a process estimated to take 3 hours per aircraft. This precautionary step, coordinated with the FAA and EASA, aims to “ensure the fleet is safe to fly” before a formal Emergency Airworthiness Directive (AD) is issued.
The scope is staggering: U.S. carriers like JetBlue, Delta, United, American, Spirit, and Frontier, all major A320 operators, face potential groundings during the Thanksgiving rush, with thousands of flights at risk of delay or cancellation. Airbus acknowledges disruptions but prioritizes safety, vowing close collaboration with airlines.
Legal Ramifications
The emergence of a solar radiation threat to fly-by-wire systems raises multifaceted legal issues that aviation manufacturers and operators must address promptly.
Airbus, as the A320 series manufacturer, faces potential claims under product liability doctrines. Plaintiffs might argue that the fly-by-wire system’s vulnerability constitutes a foreseeable defect, especially given aviation’s exposure to space weather.
Injured passengers hold strong recourse under United States and International law. The JetBlue diversion due to the turbulence-like event highlights an increase in the number of turbulence-related injuries from uncommanded aircraft maneuvers. Under the Montreal Convention framework for international flights, carriers bear strict liability for onboard injuries, presuming causation unless proven otherwise. Emerging trends for injured passenger claims include claims for psychological trauma (PTSD from sudden drops).
Aviation Law Group
ALG is encouraged to see Airbus’s precautionary actions aimed at mitigating immediate threats from solar radiation events. ALG also believes the JetBlue incident underscores the need for vigilant monitoring of space weather and perhaps integrating real-time solar alerts into flight planning software.
ALG currently represents many families impacted by turbulence-related injuries resulting from Hawaiian Airlines flight 35 and stands ready to assist those injured in the JetBlue 1230 incident.
Aviation Law Group PS, (ALG) is a law firm that limits its practice to aviation accidents. Our team of aviation attorneys has decades of experience in aviation crash litigation, turbulence injury litigation, and navigating international treaties such as the Montreal Convention. ALG is also uniquely qualified to assist those affected by the A320 series of aircraft, as ALG attorney Christopher Rusing is a current airline captain, instructor, and check pilot on the A320 Series of aircraft.
ALG currently represents injured families on Hawaii Airlines Flight 35, Alaska Airlines Flight 1282, and Delta Airlines Flight 4819. ALG has offices in Seattle, Washington, Honolulu, Hawaii, and Jupiter Florida. ALG attorneys are licensed in Washington State, Hawaii, Alaska, California, and Florida, but can represent clients in all 50 states and has represented many clients internationally with the association of local counsel.
Contact us confidentially at [info@aviationlawgroup.com] or visit our website aviationlawgroup.com.