Friday, July 26, 2019
Liability & Negligence Case Study Example | Topics and Well Written Essays - 750 words
Liability & Negligence - Case Study Example There are various reasons why the entities mentioned above can be found liable for the pilotââ¬â¢s accident. The manufacturer of the aircraft would have been found liable for the pilotââ¬â¢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 manufacturer will be liable for the accident if he did not discourage the pilot against reckless behavior, which led to the accident. No matter how good the aircraft is, in a case of an accident like this, the manufacturer of the aircraft can be held liable. This is because; the pilot can accuse the manufacturer of a faulty product in case of product liability (Bernhard, 2012). The pilot however does not need to prove that the aircraft was faulty. In this case, strict liability will make the manufacturer of the Cessna 337 liable for the pilotââ¬â¢s accident. The manufacturer can also be liable for the pilotââ¬â¢s accident as a result of negligence. If the manufacturer did not provide enough warnings of the dangers of the flight, he will be held liable for the accident. The manufacturer is also liable for the pilotââ¬â¢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. The pilot can also be sued for negligence because of
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