Strict liability in airplane accidents
Most of the time, when you hear about aviation accidents, it is assumed to be the result of either pilot error or mechanical failure. In the case of pilot error, where negligence was found, the airline may be held responsible for the crash, accident or injury. When a defect on either the plane or a component of the plane is found to be the cause of the crash, accident or injury the manufacturer of the plane or component is held responsible.
The basic idea of holding manufacturers responsible for defective parts is known as strict liability. This concept was essentially created to put more responsibility on the shoulders of the manufacturers rather than on the individual using the plane or component when it failed. Some may ask how does strict liability help victims injured in an airplane accident. Well, unlike most other personal injury or wrongful death cases, negligence doesn’t have to be found for strict liability to place fault on the manufacturer. Simply knowing that a defective component led to the accident is enough to hold the manufacturer responsible. Also, strict liability can be found through either product defect or by a failure to warn individuals of its potential danger.
If you or someone you love has suffered an injury while in the air, the concept of strict liability may come into play. A skilled aviation accident attorney, well-versed in injury law can sort through evidence and identify the responsible party. With the help of an attorney, compensation may be awarded by the component manufacturer, pilot or both.