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FAA’s Role in Product Liability Could Be in Jeopardy

AOPA filed a briefing with the U.S. Supreme Court to weigh in on a recent U.S. Court of Appeals product liability decision. Wikimedia Commons/MattWade
Gemini Sparkle

Key Takeaways:

  • A U.S. Appeals Court ruling in North Carolina determined that state courts can impose stricter aircraft design standards than those mandated by the FAA, potentially upending aviation product liability norms.
  • This decision, stemming from a decade-old liability suit, challenges the industry's long-held belief in federal preemption and could significantly increase costs for aircraft manufacturers and owners.
  • Industry groups, like AOPA, argue for a single federal standard, warning that a "hodgepodge of potentially contradictory state standards" would be costly, impractical for manufacturers, and detrimental to safety.
  • The implications are serious enough that the Aircraft Owners and Pilots Association (AOPA) filed a brief with the U.S. Supreme Court, which has yet to announce if it will hear the case.
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A product liability decision handed down by a U.S. Court of Appeals in North Carolina earlier this year could upend how state courts, as well as aircraft OEMs, view a manufacturer’s responsibilities for aircraft and the parts they create.

Rob Mark

Rob Mark is an award-winning journalist, business jet pilot, flight instructor, and blogger.

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