This may seem a bit off the subject, but stick with me a minute.
Quote from my earlier post,
"The US light aviation industry, which through Piper and Cessna once dominated the world market, was virtually destroyed in the 1960’s by no-fault liability litigation costs, and is only now beginning to re-emerge. How come gun manufacturers seem to be exempt from litigation?
The issue here was NOT one of faulty product, in fact it is the whole concept of ‘no-fault’ liability that I was referring to.
No-fault liability originated in the US legal system with cases like the Thalidomide drug deformity suit as follows;
1.Drug company carefully follows, and indeed exceeds, all procedures, trials, and test methods required by law or medical ethics.
2.Horrific side effects appear after years of use.
3.Court case ensues, public opinion dictates that someone must pay.
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NO FAULT can be found with defendant due to item 1 above.
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Jury decides that defendant, while not in any way found at fault, should still be liable since SOMEONE has to pay !
Now the aviation context’
Scenario No1 - Cessna 150 has 50deg of flap available, 10deg more than other similar types. In the event of failure of the one and only engine, 50deg of flap enables an adequately trained pilot to get safely down in a REALLY small field with a low rate of descent and low touchdown speed. Obviously 50deg of flap is a good thing and will save lives.
Scenario No2 - Pilot without sufficient experience or training on type carelessly selects 50deg of flap at low altitude on approach. Due to lack of experience he is not ready for the nose-up pitch change, airspeed drops, aircraft stalls/spins and pilot is reduced to 200lbs of taco beef.
Wait up ! I thought 50deg of flap was a GOOD thing ?
Yea but this guy got dead !
But it was his own fault, he didn’t know how to use it !
So what, the aircraft design didn’t stop him killing himself so the manufacturer must be at fault.
Court agrees because no-fault liability has an established case precedent. Bye Bye US light A/C industry (French and German builders rub hands with glee).
Substitute ‘safety catch’ for ‘50deg of flap’ and the no-fault liability seems to evaporate, Why ?