As reported in the St. Charles Herald Guide in August 2009, two separate plane crashes occurred less than 24 hours apart. Both happened on private air strips, involved experienced pilots, and occurred while the planes were still on the ground.
The first crash was on August 23rd. James F. Miller was undergoing pilot re-certification at St. Charles Parish airport in Ama. Miller and Air Force Lieutenant Colonel Wendell Lee Collins were on board when the plane veered left in takeoff, struck a tree, and was engulfed in flames. Both men were killed.
The other accident was the following afternoon in Taft when the plane of Lucien Taft Triche flipped over as he taxied down a private runway. Triche had been working on his plane and was taking it out for a test run. When the plane flipped Triche rolled out and was trapped under the wing. He was taken to the hospital with broken bones.
Accidents such as these raise questions about what might have caused such disaster. Sometimes defective or improperly installed products can malfunction, and tragedy may result. When someone is injured or killed due to a defective product, the company that manufactured the product may be liable for damages such as medical expenses, lost wages, or pain and suffering.
There are three major types of products liability cases. The first, manufacturing defects, deals with the product imperfection that occur in the manufacturing process; typically due to poor quality materials or workmanship. The second, design defects, occur when a product’s design is inherently dangerous. The third, failure to warn, or marketing defects, occur when a company does not adequately warn users that its products may carry non-obvious dangers.
Others beyond the actual manufacturer of a product may also be liable in a products liability case. Distributors, repairers, assemblers, suppliers, and anyone else that may have come in contact with the product before it reached the injured party bringing may be found liable. While these cases can be based on a variety of legal theories, (negligence, strict liability, or breach of warranty) in every situation it must be proven that the product was actually defective in order for a claim to be successful. This can be very difficult.
The intricacies of products liability law are complex and nuanced.
At the Berniard Law Firm, we have years of experience in these matters. If you have been injured by a defective product we would be happy to discuss a possible products liability claim with you.