Product Liability and Innovation Managing Risk in an Uncertain Environment (1994) / Chapter Skim
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General Aviation Engineering in a Product Liability Environment
General Aviation Engineering in a Product Liability Environment
Pages 62-67
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From page 62... ...
The industry meets a need for business and personal transportation that cannot be filled by commercial airliners, trucks, or automobiles. Currently there are 200,000 general aviation airplanes in service meeting these transportation needs, contributing to the manufacturing and service industries in the United States, and fulfilling many training and utility roles.
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From page 63... ...
Unfortunately, these benefits are offset by the negative impacts of the current product liability environment, particularly in seven areas: engineering resource allocation, documentation, joint research efforts, design, product-related publications, certification, and regulation. Engineering Resource Allocation Considerable manpower is being diverted from innovative and advanced design activities to the preparation of records needed to meet product liability-related demands.
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From page 64... ...
For example, if a piston engine connecting rod failed due to a lack of lubrication, a typical request for information would most likely include any and all correspondence, certification reports, test information, service reports, and service literature relating to any and all connecting rods and oil and lubrication systems. The initial search would serve as a stepping stone from which to request additional broader information and to launch conjectural failure scenarios aimed at some alleged design shortcoming.
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From page 65... ...
On occasion, university employees or ax-employees have become expert witnesses for the plaintiff against a manufacturer using the knowledge and data obtained in the joint research. Subsequently, the manufacturer may be hesitant to pursue new joint research projects, knowing that the addition of an outside party to the research team may be detrimental in a product liability context.
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From page 66... ...
This is especially true when a well-developed, rational database does not exist, and "what if" studies are required to an excess. Although undocumented, experience shows that it has become difficult to get certification approvals from FAA engineers who have been personally involved in product liability lawsuits in which a prior approval was questioned.
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From page 67... ...
. The general aviation aircraft engineer has been directly affected by the product liability environment in that significant amounts of time and resources that should be devoted to innovation and product improvements are being diverted to satisfy the legal requirements of product liability.
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