The Washington Supreme Court ruled in an aviation case in which seven people died. The personal representative of the decedents’ estates brought wrongful death actions against Twin Commander, the plane manufacturer. An investigation by the Mexican government reached the conclusion that the rudder came loose during flight, causing the accident.The trial court granted summary judgment […]
To prove a design defect products liability claim the injured party must prove that a manufacturer’s product was not reasonable safe as designed and caused injury. The injured part may prove a design defect by either of two tests, the risk-utility test or the consumer expectations test.
Federal Aviation Administration (FAA) regulations and the Airline Deregulation Act (ADA) preempt state law if the claim involves a carrier’s rates, routes, and services. Violation of FAA regulations have been held to be negligence per se.