Injured Persons can sue for Injuries Caused Be Defective Aircraft Design
Airplane manufacturers have a responsibility to ensure that airplanes are free from design or manufacturing defects that could affect the integrity of planes. Aircraft parts manufacturers possess a duty of care to ensure that their products are safe and will not lead to devastating airplane accidents. When manufacturers of planes or plane components create products that have a defective design, and where a defective design leads to an incident that causes injury to one or more persons, manufacturers may face liability for the injuries or deaths caused by any design flaws.
Unfortunately, even when airplane manufacturers build aircraft according to required guidelines and the manufacturer specifications, devastating airplane crashes can still occur. The causes of airplane crashes are carefully investigated, and many times, crashes result from unintended consequences of design choices.Victims can Recover Compensation After Design Defect Accidents
Aviation lawsuits often involve extremely complex litigation featuring the testimony of various experts. Crash victims and families must first identify who is at fault in an incident. Was an incident caused by pilot error, by an error made by a ground crew member, by a mechanic, by a flight attendant, or by an airplane manufacturer? Determining who was at fault in an incident often involves first identifying what caused a crash. When an equipment failure caused an airline crash, or where a defectively designed aircraft or aircraft component led to loss of mechanical or structural integrity, a victim's family can pursue a claim against an airline or airline parts manufacturer.
In many states, claimants can pursue a negligence doctrine available in some airline crash cases called "strict liability." This legal doctrine eliminates the need for an injured person to prove negligence on the part of a product manufacturer.
Instead, a claimant only has to prove that a faulty device or component caused the airplane accident and that the defendant produced the defective part. Once these factors are proven, a claimant may be able to recover damages for any personal injuries or deaths that resulted from the defectively designed product.
North Carolina law prohibits the application of "strict liability" in product liability actions in North Carolina.Design Defects in Aircrafts Cause Injuries and Deaths, Leading to Claims
Several known design defects have caused devastating airplane accidents. True design flaws lead to the failure of one or more systems within an airplane that can lead to a crash. In other cases, where a manufacturer uses cheap materials to save money, properly designed airline parts or systems may break down due to wear and tear, leading to crashes. In addition, airplane manufacturers may face liability for failing to warn airlines and airline customers about potential dangers with their products. Whenever possible, airplane manufacturers have a legal duty to warn customers of potentially dangerous products by labeling the same.Claimants Can Bring Claims to Hold an Aircraft Manufacturer Liable
If a person has suffered injury or death as a result of an airplane crash, a survivor or survivor's family may seek justice in the form of compensation for one's losses. Victims and their families should act swiftly to investigate and forward claims, because the applicable statute of limitations may expire before federal and state authorities complete often-lengthy crash investigations.
A person who has suffered an injury in an airline crash may seek legal counsel who can assist with investigating the circumstances of a crash. The legal professionals at Arnold & Smith, PLLC, can represent injured persons and families in determining what caused a crash, who is liable, and how to best present a claim for damages.Negligent Aircraft Maintenance can Lead to Claims
In many cases, manufacturing or design defects can lead to a crash. Unlike other forms of transportation, when airline crashes occur, they are nearly always deadly, and can result in hundreds of deaths. Negligent maintenance of even properly designed and fabricated parts can lead to crashes, causing the loss of numerous innocent lives.
In some cases, aircraft owners cut corners by hiring low-cost maintenance workers, or they outsource maintenance functions to unqualified mechanics to save money. When these mechanics are not appropriately trained or do not possess the necessary experience to service planes and helicopters, safety issues can arise, crashes can occur, and families can be left devastated in their wake.Contact Our Experienced Lawyers Today
If you or your loved one has been injured in a serious aviation accident, you should hire an experienced lawyer as soon as possible. Contact Arnold & Smith, PLLC today to schedule your free initial consultation.