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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 recent U.S. Appeals Court ruling allows state courts to impose stricter design standards on aircraft and parts than those mandated by the FAA, potentially disrupting existing product liability norms.
  • This decision challenges the long-held industry belief that federal FAA regulations preempt state-level safety standards in aviation, stemming from a 2005 aircraft accident lawsuit.
  • Aviation industry groups, like AOPA, warn that a "hodgepodge" of state standards would create unmanageable costs for manufacturers, negatively impact safety, and ultimately increase prices for aircraft owners.
  • The industry expresses concern, recalling historical instances like Cessna halting piston-engine production for a decade due to previous product liability uncertainties, while the U.S. Supreme Court's review of the current issue is pending.
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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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