Traveling by plane can be exciting. While some residents in Montana have flown countless time and are comfortable with it no matter how far they travel, others are less experienced and are apprehensive about traveling in a plane. No matter how seasoned a passenger, though, there are some risks associated with air travel. Media coverage often covers crashes caused by negligent pilots or airline companies, but other parties could be the cause or contribute to a serious plane crash.
For example, a manufacturer may be held liable for an aviation accident. Many parts and components comprise an airplane. That means various manufactures are frequently used to build the various pieces of a plane and put them together. If any mechanical problems occur doing flight or a component malfunctions, this could give rise to liability for the manufacturers of those parts. Liability in these situations falls under the legal theory of strict liability.
Strict liability was established so that it would be easier to hold specific parties liable for defects or negligence by focusing on safety in the situation rather than the conduct of the party. In this matter, it applies to manufacturers for defective products. Judges have found that manufacturers in a high-risk industry, such as airlines, must design, manufacture and warn in accordance with the foreseeable risks associated with the product.
In order to apply strict liability in a plane accident, three things must be proven. First, evidence must show that the product was defective when it left the manufacturer or distributor's control. Next, it must be proven that the product was used in the intended or reasonably foreseeable manner. Finally, the product must have caused injury.
Victims of a plane crash are likely shocked by the occurrence of the event. Nonetheless, victims must be prepared to take immediate action to understand the cause of the crash and what recourses are available to them. A personal injury claim could help a victim hold a negligent party liable while also helping with the collection of compensation for damages and losses.
