Types of Defects
A design defect is one in which the whole model of the airplane is defective, the basic design is where the defect lies, and it affects more than just the one plane you happen to be on. A manufacturing defect occurs when the finished airplane is substandard compared to how it was supposed to be built. A failure to warn defect is a bit different. Manufacturers can rarely build products that have zero risk even when used in their intended fashion. However, if a manufacturer is aware of risks that are not patently obvious, and it fails to disclose them, then a failure to warn defect exists.
If both the manufacturer and the pilot are found to have some fault, you may be entitled to receive compensation from either. Most pilot insurance policies have a maximum payout of $100,000.00 per seat when pilot error causes an accident, but the sudden death of a spouse due to an airplane accident that should not have occurred can cost upwards of $1 million. Even if it is proven that the pilot was 90% at fault, and the manufacturer only 10%, some states have joint and several liability laws, which allow you to receive any compensation that exceeds the amount the pilots insurance policy will payout from the manufacturer, even though the pilot was mostly at fault.
Even if a manufacturer builds a plane in accordance with Federal Aviation Administration laws, it can still be held liable. State laws usually have a higher standard that require planes to be built safely enough for their intended use, but also to be built in order to sustain misuse that is reasonably foreseeable.
If you or a loved one has been injured or killed in an airplane accident and would like to learn more about your legal rights, please contact the experienced personal injury lawyers at The Cochran Firm, with offices across the country, today for your free consultation.
The attorneys with The Cochran Firm have extensive experience in trying personal injury cases in states across the country. The results obtained in numerous cases have made a significant impact on clients’ lives, communities and industry practices. We have highlighted some of the remarkable case results on the Results & Verdicts pages of our website. The facts and circumstances of your case may be different and must be evaluated on its own merit. The case results on these pages represent the full award of the case before expenses and fees were deducted.