In the face of intense market rejection, Icon says it has heard its customers and is going to revise the rather onerous purchase contract it planned to require of its buyers. It hasn’t yet made the new contract public. But in a statement it says that one thing the new contract will keep is the
product defect
Sikkelee v. Precision Airmotive Corp.: Manufacturer Can Be Sued Even Though FAA Approved Design
Here’s the pre-emption argument:
Our plane’s design was approved by the FAA. If plaintiffs think there is something wrong with it, they should take it up with the FAA. But they should leave us alone.”
Manufacturers make this argument in just about every aviation case we bring. We respond that that the FAA…
Manufacturers of Military Aircraft and the Government Contractor Defense
A crew member injured by an aircraft’s defective design may sue to hold the aircraft manufacturer accountable. At least he can when the aircraft involved in the accident was a civilian aircraft. If, however, the airplane or helicopter was a military aircraft, then the rules change.
A manufacturer who built an aircraft specifically for the military may be …
No One Should Suffer Burn Injuries in a Survivable Helicopter Crash
During the Vietnam war, hundreds of soldiers suffered serious burn injuries following otherwise survivable Huey helicopter crashes. In 1970, Bell Helicopter responded by developing a crashworthy fuel system and installing it in the new Hueys it produced. The crashworthy system included stronger fuel cells, breakaway fuel lines, and cutoff valves.
The Army kept track of the…
Manufacturers’ Immunity from Product Defect Suits under GARA
The General Aviation Revitalization Act, known as “GARA,” immunizes general aviation manufacturers from lawsuits for defectively designed or manufactured aircraft that are more than 18 years old. Regardless of how serious the defect, if the aircraft is more than 18 years old, an injured victim cannot sue its manufacturer.
There are exceptions. An injured…