Aviation accidents are often caused by faulty aircraft parts or design defects. Our team of Aviation Law experts have extensive experience of successfully claiming compensation for clients against aircraft manufacturers and all manufacturers of aircraft components including Airbus and Boeing.
If our investigations suggest that this was a factor in your case, we may be able to help you make a claim against the manufacturer as well as the airline.
Did Manufacturing Defects Cause My Air Accident?
Official air accident reports can take years to be published, so we’ll conduct our own investigations to assess potential product faults and the extent they contributed to an accident. We can use certified flight simulators and leading experts in flight engineering and avionics to look at the possible causes of an accident and get you the answers you need much sooner.
Making A Product Liability Claim In The US
Many aircraft and components are manufactured in the US. Even if an aircraft was manufactured in Europe, around 50% of its components may be supplied by US corporations. This means we may be able to help you make a claim under US law.
Compensation settlements in the US are often much higher than those awarded in other countries: for example, a case worth £12,000 in the UK could be worth $2 million or more in the US.
There are two main hurdles to get over when trying to make a claim in the US. The first is making sure the case stays in the US courts. In any foreign air crash involving foreign passengers, it is common for the manufacturer to argue that it is more convenient and in the interests of all parties to deal with the case in another country (usually where the accident occurred). The second is convincing a jury in the US that the manufacturer of the aircraft or its component caused the crash, rather than the airline or other factors.
Our aviation team has extensive experience of bringing product liability claims in the US and has helped many people successfully pursue claims in this way. We’ll be able to evaluate whether or not you have a good chance of making a product liability claim – and if you do, we’ll be there to help you every step of the way.
The Mid-Atlantic Settlement
Making a claim in the US can take time but we will work to help you access compensation as quickly as possible, often entering into negotiations with the defendants and insurers with the aim of achieving an early settlement. Where appropriate we may work towards what is known as a “mid-Atlantic settlement”, an approach by which compensation is agreed at a level that is higher than the amount available in other countries, but lower than the ultimate compensation which might be awarded by the US jury.
This approach balances the risks of keeping the case in the US (and not succeeding) with the lower compensation awards that would be available if you were to pursue your claim elsewhere. It provides a compromise that means you still receive compensation that accurately reflects your pain and suffering, but also have the reassurance of a successful settlement that is resolved relatively quickly and without the complications of the full US legal system.
We first used this tactic in 1985, when we successfully negotiated settlement with US defendants for the British Airtours Boeing 737 disaster which occurred at Manchester Airport in 1985. Since then, we’ve applied this method to successfully secure compensation for many more clients.
We will use our extensive experience and expertise to advise you on the role that manufacturing defects may have had in contributing to your accident, as well as the strengths and weaknesses of pursuing a claim in the US. We will always work with your best interests in mind and seek to achieve the best possible compensation settlement for you.
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