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What is strict product liability?

New York aviation accidents are rare for multiple reasons. For example, government organizations maintain strict oversight over aircraft builders, and these manufacturers are held responsible when they lapse in their duties to keep you safe during flights or provide you with clear warning communications. 

One of the mechanisms by which the law holds aviation engineering companies to account if you are injured is through product liability. This type of liability is conditional, meaning that factors such as pilot error or bad weather during your flight might release the manufacturer from a responsibility to pay damages.

FindLaw lists the three major liability conditions you would have to establish in order to link an aircraft manufacturer to a crash in a suit you bring:

  • The aircraft caused your injury
  • You, the pilot and any other passengers were using the aircraft correctly
  • The aircraft was defective or dangerous 

If it turned out you had to hold a manufacturer liable, you would then proceed to choose the type of liability. The types include:

  • Failure by the manufacturer to warn about foreseeable danger or instruct you as to the proper use of equipment
  • A dangerously or improperly engineered part
  • Insufficient quality control or failure to meet design standards on the manufacturer's part

These conditions for liability only apply to defects in your aircraft itself: There may be other parties involved in the crash who share some of the blame. Please do not take this as legal advice, the intention is only to inform on the topic.

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