Aircraft manufacturers liability and the consumer

Aircraft Manufacturers Liability and the Consumer by Stanley J. Levy, Attorney, New York. INTRODUCTION I. The relationship of Aircraft (A/C) and component part manufacturers to passengers aboard the aircraft and, indeed, to innocent bystanders, who are injured or killed is undergoing significant changes in the United States. The shifting attitude reflected both by the extension of strict liability and other legal theories which extend the probability of the manufacturers being found liable and by the size of jury verdicts, is consistent with the extension of what has come to be known as "consumerism". Simply stated, consumerism is an attitude, a growing public feeling or awareness that the rights and interests of the individual and of the public at large have not been afforded the same degree of protection as that given to large corporations or to established business interests. I mention this aspect of the expanding social attitude of the United States only because it is relevant to fluid relationships between the consumer and international manufacturers. American social attitudes affect not only how the law in the United States has developed but also may give some insights into how the law affecting aircraft manufacturers may develop in the future. And even though there has been a shift toward greater internationalization of the aviation industry with A/C being manufactured in a score of countries and almost every country in the world using airplanes, America will remain one of the largest suppliers of aviation products and certainly one of the most significant markets. Accordingly, the development of American law will continue to affect international aviation. THE AMERICAN SYSTEM - THE COMPLAINTS AND HISTORY II The American legal system as it relates to handling A/C accidents litigation has been criticized by many who represent airlines, manufacturers and insurers. They have charged that - it is slow and protracted; - it is expensive; that it disregards age