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.
FAA’s Role in Product Liability Could Be in Jeopardy
Key Takeaways:
- A recent U.S. Appeals Court ruling decided that state courts can impose tougher aircraft design standards than those mandated by the FAA, potentially overturning long-held understandings of federal preemption in aviation product liability.
- The aviation industry, including organizations like AOPA, fears this decision will lead to higher flying costs, create a confusing and costly "hodgepodge" of state-specific regulations for manufacturers, and negatively impact safety.
- Critics argue that Congress gave the FAA sole authority to establish aviation standards, which should preempt state design requirements, and the issue is now awaiting potential review by the U.S. Supreme Court.
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