Defective Aircraft Designs
There are times when malfunctions and equipment contribute to an aviation accident. The pilot is placed in a situation where his or her actions, to prevent a crash, may not always be sufficient.
In the majority of cases, the liability of a collision may be shared between the manufacture and a pilot of a defective equipment piece which was the result of the pilot making an error or miscalculation in judgment.
Product liability assessment and any pursuit of damages can differ that is that of negligence because of laws in place which safeguard consumers from poorly designed or defective products; thus, in several cases, it may actually be easier to seek financial damages from a manufacturer then and airline or pilot for sustained injuries due to a plane accident.
When it comes to negligence or strict liability, there are different theories for financial recovery in accident cases of aviation when pursuing a lawsuit against defective design.
Holding liable a flight attendant, pilot, or ground crew member for an accident is requisite for a victim to prove that a worker failed to prevent the occurrence of the incident.
Any neglect to act in addressing a known concerns of safety or an action which results directly in what contributes to the result of an accident basically constitutes negligence.
It can be a challenge in the majority of cases to prove negligence, primarily if the worker acted appropriately and remained in compliance with FAA regulations and policies, if the accident was the result of the failure in equipment or loss of structural integrity because of defective aircraft designs or even components, the product manufacturer may be held liable instead.
it is a lot easier to seek financial damages from manufacturers for accidents as a result of product defects due to the strict liability doctrine.
This doctrine is supposed to protect consumers with eliminating any need to prove negligence when you decide to sue product manufacturers.
Regardless of whether a pilot made an error or acted appropriately, in other words, if an accident was the result of a faulty component or device, the company which produced the defective aircraft designs caused the sustained injury or fatality as a result.Types of Design Defects
Products may fail to fulfill their intended use for a number reasons; if there is a determination that the failure was due to a flaw in defective aircraft designs, the likelihood exists to hold liable the manufacturer for an accident due to that defect.
If you or a family member were involved in an aviation accident, essentially, you need to be aware of your rights and how to make a determination who is at-fault for sustained injuries or the death of a family member.
Personal injury attorneys can schedule an evaluation with you and will be more than happy to answer any questions you may have pertaining to your legal options regarding your case.
You want to know what to expect from start to finish in your legal case.
Contact us for a free consultation or call Anzalone Law Firm PLLC, at 603.548.3797.