Case Study: Liability & Negligence
- Liability & Negligence
- Pilot's accident
- Cessna 337
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. [...]