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ANSWER TO THE QUESTION NO: 2

 

The aircraft accident report revealed that there was a defect in the materials used to make hinges that were used in the landing gears. And the Boeing knew about it. We have to discuss the liability of Boeing. A design defect is one in which whole product line or every product or that particular model is dangerously deficient, if the manufacturer fails to fabricate product correctly the manufacturing defect will exist. On the other hand Boeing manufacturer knew about the condition of their product and if the manufacturer knows or has known at the time of manufacturing and distribution that there were risks associated with the use of the product that are not patently obvious he has an obligation to notify the user in clear language about the risk. The manufacture will recover the all damages as the convention says.

Liability of the Manufacturer: If the manufacturer knows or should have known, at the time of manufacture and distribution, that there were risks associated with the use of the product that are not patently obvious, then it has an obligation to notify the user in clear language about the risks.

Failure-to-warn defect: Sometimes a manufacturer is unable to design a product to remove all risks. Alternatively, a product may be so complicated that it needs adequate instructions in order to use it safely. If the manufacturer knows or should have known, at the time of manufacture and distribution, that there were risks associated with the use of the product that are not patently obvious, then it has an obligation to notify the user in clear language about the risks.

The risks include foreseeable misuse. If manufacturers fail to provide adequate warnings or instructions for use, they can be held strictly liable for failure to warn. General instructions that accompany the product. A good way to look at this is that the instructions are part of the product. If the instructions are ambiguous or insufficient, the product cannot be used safely.

Specific warnings of a danger that the manufacturer knew or should have known about at the time of the sale or discovered after sale. Cases alleging negligence or products liability including design defect, Lawsuit must be filed within 2 years of accident according to Montreal convention. Thus the manufacturer will be strictly liable for any damage which implies that any amount claimed the carrier claimed to recover whatever damaged.