Avaition law Essay Example | Topics and Well Written Essays - 3000 words - 1

Avaition law - Essay Example of whether federal aviation law preempted state common law claims, or more specifically, whether a manufacturers compliance with federal aviation statutes and regulations should be a complete defense to individual state common law claims.3 The Tenth Circuit affirmed the trial courts decision not to grant summary judgment to Piper based on that defense.4 Concerned manufacturers, pilots, and legislators criticized the award for several reasons.5 In fairness to the Cleveland jury, one would have to have been at the original trial to know the factors influencing its decision.6 Deciding aircraft accident cases becomes even more difficult if the crash involves a small passenger aircraft, and if innocent third parties, either on the ground or in the aircraft, are injured. In cases where no one was negligent but people are injured, the ultimate legal question remains: â€Å"Who should pay?† Section 402A of the Restatement (Second) of Torts provides the basic rule for â€Å"strict liability† standard for defective products cases.7 Essentially, section 402A permits an individual who is injured by a product to receive compensation from the seller, manufacturer, or distributor of that product without regard to â€Å"fault† in producing, selling, or distributing the product. Also, under section 402A whether the manufacturer, seller, or distributor used the utmost care in the production and sale of the product is irrelevant.8 Liability under section 402A is predicated upon the fact that the product was â€Å"defective† at the time it was sold. If the defective product has injured someone, it does not matter if the â€Å"defect† is a singular flaw in one particular unit or a design flaw in an entire product line. Policies behind the adoption of this no-fault â€Å"strict liability† standard reflect the concern for harm to the unsuspecting individual. If an increasingly mechanized society benefits from these products, and a certain number of the products are bound to be defective,