When you decide to file an aircraft products liability lawsuit in New York, you will need to discuss with your attorney the legal theory or theories under which you should bring your case.
As FindLaw explains, you generally have four choices as follows:
- Strict liability
- Tortious misrepresentation
If you base your lawsuit on negligence, you will need to prove the following five elements:
- That the product's manufacturer owed you a duty
- That (s)he breached that duty
- That you suffered injury as a result of that breach
- That the breach proximately caused your injury
- That you suffered actual damages because of the manufacturer's negligent act
2. Strict liability
Unlike a negligence case, a strict liability case is one in which the manufacturer bears full responsibility for his or her product's safety regardless of the level of care (s)he takes during the product's manufacturing process. The other classic example of a strict liability case is one where the manufacturer fails to provide ample warnings about his or her product's inherent dangers, even when used in the manner for which it was intended.
Sometimes a manufacturer and/or seller issues a warranty on his or her product. If the defective product you are suing about came with such a warranty, but the product failed to live up to it, this may be your best theory under which to sue.
4. Tortious misrepresentation
Tortious misrepresentation has to do with a manufacturer's false or misleading information with regard to his or her product. Keep in mind that if you sue under this theory, you are not suing about the defective product itself, but rather the false or misleading information that the manufacturer supplied about it.
As your attorney undoubtedly will tell you, you may be able to bring suit under multiple and/or alternative theories of products liability.
While you should not take this information as legal advice, it can help you understand the four theories of products liability and the choices you will have to make when suing a manufacturer or seller.