Although a relatively safe mode of transportation, private and commercial plane crashes do occur in New York and throughout the U.S. Such accidents may be caused by any number of factors, including aviation product defects.
According to FindLaw, there are three types of product defects that may create liability for serious injuries or deaths that occur as a result of airplane crashes - design, manufacturing and failure-to-warn. Design defects are inherent flaws or deficiencies that exist in an entire product line or in every product of a particular model that creates unreasonable danger for consumers. For example, a new bolt design may increase efficiency, but the vibrations caused by the planes' engines could cause these updated bolts to loosen and cause significant systems failures.
In order to prove a design flaw, the consumer expectations test may be used. According to the Cornell Law School's Legal Information Institute, the consumer expectations standard allows juries to infer whether the product performed as reasonably expected or if it failed, creating an unnecessary and unintended risk.
Sometimes, a product's design may work on paper. However, issues may arise during the construction or production process that can lead to dangerous manufacturing defects. Unlike design defects, manufacturing defects only affect a limited number of products from the same line. Using substandard metals that break or buckle under the strain of normal flights or neglecting to adequately secure parts, among other such instances, may be considered manufacturing defects.
During production or after going to market, manufacturers may identify latent defects or specific usage guidelines. In order to ensure the safe and appropriate use of their products, manufacturers are responsible for providing adequate usage instructions, as well as warnings for specific dangers. Neglecting to do so could contribute to serious injury or fatal airplane crashes, and the aviation product manufacturers may be held strictly liable for failure-to-warn defects such as weight and operating limits.