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Product Liability Recovery for Airplane Accident

By Edited Nov 18, 2015 0 0

Federal Aviation Administration (FAA) promotes safety and regulates activities of airline companies and public air carriers. It is also responsible for monitoring air traffic system.

It also has the authority to suspend or revoke pilot licenses and penalize airline operators if safety violations are committed.

If your loved one is injured in an airplane accident, you may seek sources of recovery.

One way is to file a Product liability lawsuit. Product liability refers to the responsibility of the manufacturer to ensure that the aircraft is safe enough for pilots and passengers. You may establish any of the three theories of product liability.

  • Design defect- It refers to the error during the planning of aircraft model. The manufacturer has the responsibility to ensure that the aircraft or any of its parts are free from potential danger. A hazardous unit may constitute liability.

  • Manufacturing defect- It refers to the error during the production of aircraft. The manufacturer has a responsibility to ensure that topmost quality and adherence to state standards are observed. Poor quality may cause danger to users and aircraft passengers. Fault will be evaluated depending on the manufacturer's available option for better technology and safety precaution during this stage.

  • Marketing defect- It refers to the failure of the manufacturer or seller to provide warning signs, labels, and instructions for safety. The manufacturer has a responsibility to inform the user on potential or known hazard of the aircraft's parts.

Failure to warn constitutes a liability. Penalties will be given depending on the knowledge of the danger and opportunity to take precaution.

You will need evidence to prove your allegation. You may present photos from the airplane crash site, photos of defective parts, and pertinent documents.

You will need the statement of expert witnesses to prove the manufacturer's fault. Engineers and aviation experts can help you define and assess the product's condition before, during, and after the plane crash.

If the accident is caused largely by a defective aircraft part, you may assert strict product liability. It argues that the manufacturer is responsible for the injuries of the victim caused by the defective product, regardless of who is at fault.

You will just have to prove that a certain or some of the airplane parts are malfunctioning/defective/ in poor condition during the accident. Also, present evidence that such defective airplane part caused the accident, leading to your injuries.

Strict liability focuses on the safety condition of the aircraft product rather than the negligent act of the pilot or personnel. Consult with a professional Aviation accident lawyer to help you file the Product liability lawsuit.



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