Product Liability

Product Liability is an area of law which holds liable any manufacturer, distributor, supplier, retailer or other who makes a product available for use to the public, whether directly or indirectly, for the injury or wrongful death that the product may cause. In the case of an airplane or helicopter, the product may be the airplane or helicopter itself,  as a whole, but it might also be any of the numerous, individual component parts that go into the design and construction of the aircraft.

A product liability claim may arise from a defect in the manner the aircraft or component was designed or manufactured. In the case of a design defect, the theory is that the entire array of this aircraft, or part was improperly designed, and if found to be defective, can force a recall of all similar aircraft or parts. In the event of a manufacturing defect, the claimant is making the claim that something went wrong with only this aircraft or component part during the manufacturing process which resulted in the crash of a particular aircraft.

A product manufacturer may also be held liable if it failed to warn of a specific risk in the use of a product or gave an inadequate warning in the proper use of the product. Finally, warranties, similar to those in any other consumer product, may attach to specific aircraft or component parts for a certain period of time after they are manufactured and sold and thus their failure within that time period may give rise to liability as well.

In the event of an aviation disaster, particularly involving general aviation, helicopters or an air ambulance, it is important that an investigation be performed immediately to determine what if any defects in the design or manufacture of the aircraft, or any of its component parts, may have caused the crash. As such, it is imperative that all wreckage be preserved and analyzed by government officials, and if necessary, our own experts and investigative team to determine which entities may be at fault.

Bohrer & Lukeman has also successfully litigated numerous non-aviation product liability claims and made recoveries on behalf of individuals injured by products ranging from medical devices to consumer electronics, automobiles and other defective products. If a loved one has been injured as the result of a defective product, call us immediately for a free consultation.