Kreindler & Kreindler LLP
Contact Us
800-331-2782
Main Navigation

Recent cases chip away at federal preemption in aviation-related product liability cases, P.2

Last time, we mentioned that recent cases have begun chipping away at federal preemption in the context of aviation-related product liability cases. These cases dealt with both the Federal Aviation Act and the General Aviation Revitalization Act, both of which have previously been held to preempt or trump state law when there is a conflict.

In short, recent decisions have established that the Federal Aviation Act doesn’t prevent states from exceeding its minimum standards and that standards set by the General Aviation Revitalization Act do not apply to state law liability claims. Because both of these cases served to limit liability for manufacturers, the chipping away at their precedence over state law claims means that plaintiffs may have an easier time resolving aircraft manufacturer liability cases in their favor in the future. 

There are several reasons for this, according to legal experts. For one thing, juries will have more headroom to determine whether aircraft designs are safe without the intrusion of federal safety standards. As a result of this, the role of experts in establishing safe aircraft design will increase in importance in aviation-related product liability cases. In addition, the erosion of federal preemption would also mean less uniformity in how aircraft product liability cases turn out, which could make it harder for manufacturers to work according to a single standard.

It isn’t exactly clear what will become of these rulings, and how they will affect manufacturers and plaintiffs in aviation-related product liability cases going forward. One thing is for sure though: those harmed by defective aircraft manufacturers will need strong legal representation going forward to sort out the proper application of the law in their case. 

No Comments

Leave a comment
Comment Information

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Kreindler & Kreindler LLP

New York Office
750 Third Avenue, 32nd Floor
New York, NY 10017

Toll Free: 800-331-2782
Phone: 212-687-8181
Fax: 212-972-9432
Map & Directions

Los Angeles Office
707 Wilshire Boulevard, Suite 3600
Los Angeles, CA 90017

Toll Free: 800-331-2782
Phone: 213-622-6469
Fax: 213-622-6019
Map & Directions

Boston Office
855 Boylston Street, Suite 1101
Boston, MA 02116

Toll Free: 800-331-2782
Phone: 617-424-9100
Fax: 617-424-9120
Map & Directions