What does the aviation accident lawyer need to prove in order to win a "design defect" lawsuit against the manufacturer of the aircraft that injured his client?
It varies from state to state. But it’s never enough simply to prove that the aircraft‘s design caused the accident or injury. The victim’s lawyer always has to
The General Rule
Mechanics are required by regulation to follow the instructions set forth in the manufacturer’s maintenance manuals when working on an aircraft. The mechanic is not allowed to deviate from the instructions covering the work he undertakes. If he does deviate, and someone is injured as a result, the mechanic is liable.
Service Bulletins
Sometimes, a manufacturer learns of a problem with the way its product is performing in the field.Continue Reading A Mechanic’s Liability for Failure to Comply with a Manufacturer’s Maintenance Instructions
I blogged here on whether it was icing that caused the crash of Flight 3407, or whether the pilot simply pulled back on the yoke when he should have pushed forward. The NTSB’s animation, using data gathered from the aircraft’s black boxes, makes a strong case for the latter.
The video is 2
Cory Lidle’s wife and Tyler Stanger’s family are suing Cirrus Design, alleging that a problem with the plane’s flight controls caused Lidle and Stanger’s plane to crash into a Manhattan hi-rise.
Miles O’Brien, a former CNN correspondent, calls the lawsuit frivolous, because the NTSB concluded the cause was pilot error. According to O’Brien, "in our litigious society, the facts don’t matter for much."
O’Brien is missing the fact that the NTSB’s conclusion is marred by a built-in conflict of interest.Continue Reading Is Lidle Suit against Cirrus Frivolous?
The Cirrus is a “new generation” aircraft loaded with safety features. For example, if a pilot flying after dark gets too close to a ridge line, the Cirrus’ on-board Terrain Awareness Warning System generates a voice urging him to “Pull Up! Pull Up!” The plane’s wings secrete fluid that helps prevent them from icing up in poor weather. The cockpit has airbags, and its seats protect the passengers in a crash by absorbing 26 times the force of gravity. The Cirrus is the only aircraft of its kind that comes with a rocket propelled parachute that can shoot out of the back of the plane in an emergency. Partly as a result of all its safety features, the Cirrus has become the most popular general aviation aircraft, with sales surpassing long-time industry leaders Cessna, Beechcraft, and Piper.
Critics, however, say that the aircraft has a lousy safety record, with a fatal accident rate significantly higher than the “old style” Cessnas and Beechcrafts. They say that the Cirrus, made mostly of fiberglass rather than the traditional aluminum, is not crashworthy. Not only does theContinue Reading Recent Crashes Stoke Debate on Cirrus Safety
The National Transportation Safety Board doesn’t have the engineering expertise or financial resources to investigate an accident on its own. So it asks industry representatives for help. In almost every case, it turns to the manufacturer of the aircraft component that failed or malfunctioned. In other words, the NSTB asks the entity most likely to have
The Washington Times recently reported that British Airways passengers may proceed with their lawsuit for compensation for lost baggage. British Airways loses 23 bags per 1,000 passengers carried, a rate more than 60 percent higher than the industry’s average, according to the Air Transport Users Council.
The Warsaw Convention limits to $9.07 per pound what a