Aviation product liability lawsuits involve claims against general aviation manufacturers for aircraft defects and disasters. The key issue in most of these suits is whether the aircraft accident was pilot-caused, machine-caused, or a combination. Most aircraft accidents are deemed pilot-caused. In these lawsuits, the question will be whether the manufacturers should share any blame and liability with the pilots for airplane crashes.
Under strict liability, a manufacturer or seller can be sued even if the victim cannot prove that it was negligent. As long as a victim can show that a defect in the product was a cause of his injuries, most states will allow the victim to recover:
Comparative fault is a common issue that arises in air crash liability lawsuits. In these cases, it is important to determine the relative fault of the operator (pilot) and the manufacturer (of the machinery). In a majority of courts, the jury determines the percentage of liability attributable to each defendant. If the jury finds that both the operator and manufacturer are culpable, they will assign a percentage of fault to each.
There are a number of possible defenses to aviation product liability, but many fail. Some defenses include:
An experienced products liability lawyer can help you determine whether you have a claim. If you are an aircraft operator, a products liability lawyer can help you build up your case. If you are a manufacturer, a lawyer can help you prepare a strong defense.
Last Modified: 03-23-2017 02:43 PM PDTLaw Library Disclaimer
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