Who is responsible for a plane crash caused by a defect in an airplane or its parts?

When a plane crash occurs due to a defect in an airplane or its parts, the responsibility for the crash depends on the cause of the crash. In South Dakota, if the defect was caused by faulty or negligent maintenance of the plane or its parts, then the party responsible for the crash would most likely be the owner or operator of the plane. If the defect was due to a design flaw, then the manufacturer or designer of the plane or its parts may be held liable. In South Dakota, the law requires that all airplanes and their parts be maintained in a reasonable and prudent manner. If the plane or its parts were not properly maintained or the defect was due to a design flaw, then the manufacturer or designer may be held responsible for the accident under a theory of Product Liability. In such cases, the plaintiff must generally prove that the plane or its parts were defective when they left the possession of the manufacturer or designer. In some cases, more than one party may be found responsible for the crash. In these cases, the Court will generally split the responsibility between all the parties found to be at fault. Ultimately, a Court will analyze the facts surrounding the crash to determine the party or parties responsible for the plane crash.

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Who is responsible for a plane crash caused by a defect in an airplane or its parts?

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