Liability & Negligence, Cessna 337 , Pilot's accident
In the case presented, there are different people who may be found liable for the Pilot's accident. One of the parties who can be found liable for the Pilot's accident is the pilot himself. The manufacturer of the aircraft can also be found liable for the pilot's accident. Another party who can be found liable for the pilot's accident is the pilot's instructors. The seller or distributor of the aircraft would also have been liable for the pilot's accident. Lastly, the insurer of the aircraft can also be found liable for the pilot's accident.
There are various reasons why the entities mentioned above can be found liable for the pilot's accident. The manufacturer of the aircraft would have been found liable for the pilot's accident under the strict liability act. Liability can be imposed on the manufacturer of the Cessna 337 without finding a fault such as negligence. In this case, the pilot who now becomes a claimant needs to prove that n accident occurred and that the aircrafts manufacturer was responsible. The law can impute strict liability in a situation like this, which can be considered dangerous (Edward, 2009).
[...] The pilot can also be sued for negligence because of the way he flew the aircraft. Failing to follow instructions given by the instructors on safe flights is also a show of negligence on the side of the pilot. The pilot can also be accused of negligence because he called in a couple of friends who also came with their kids to board the flight, which he had not taken for a test. He should have taken the flight for a test to confirm that it was good before allowing people to board it. [...]
[...] New York. Michigan University Edward, J. (2009). Torts in a Nutshell. New York. West Group Frank, J. (2010). Strict Liability & Economic Analysis. New York. [...]
[...] The manufacturer is also liable for the pilot's accident because he could have taken the flight for a test to ensure that it was in good condition. The pilot will be found liable for his accident due to various reasons. The main reason why he will be liable for his accident is negligence. In the presented case, the pilot has shown negligence in various issues. First, he decided to fly the aircraft when it did not have enough fuel. The pilot can also be considered to be negligent because he flew the flight when he was not comfortable with the night conditions. [...]
[...] This is because; they only insured the fight against one risk, ground risk. The flight needed to be insured against other risks such as ground risk in motion to ensure that there was a cover for those boarding the flight (Frank, 2010). For example, they could have provided passenger liability insurance to cover those injured or killed while riding in the aircraft. Therefore, the flight's insurer would also have been found liable for the pilot's accident. References: Bernhard, A. (2012). Strict Liability. [...]
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