Citing airport construction among many safety factors which contributed to the crash of a Bombardier (BBD) regional jet in Lexington, Comair filed suit against the FAA and the airport owners in U.S. District Court in Kentucky. Among the contributing factors that were the responsibility of the FAA and airport were "hazardous unsafe and confusing" barriers related to airport construction, Comair said, adding lighting and signage on the taxiway were "missing or confusing." It also said that authorities failed to properly oversee the construction project and may have failed to alert pilots. The suit also noted there was only one controller on duty in violation of an FAA mandate.

The airport responded by saying it was disappointed in the Comair action. Rather than monetary damages, Comair seeks judgement that the FAA and airport share responsibility, paving the way for it to seek contributions after it compensates families. The Delta Connection carrier has also filed a compensatory claim against the U.S. for its FAA oversight.