Study on Aviation Product Liability Litigation：a Perspective of Legislative and Judicial Practice in the United States

After air crash accidents, aviation products liability litigation is an important way to claim high compensation for victims. The United States is the concentration of product liability lawsuits, with ample practice and more complete requirements. Aviation products manufacturers and lessors are the ones to be brought actions to take responsibility in most cases. To make them undertake products liability, plaintiff must prove aircraft or its components contain a manufacturing defect,or is defective in design,or is defective because of inadequate instructions or warnings. Meanwhile, the United States courts usually apply doctrine of forum non conveniens in aviation products liability cases to determine whether they should dismiss the case by examining and balancing private interests factors and public interests factors. Although judges' exercise of discretion may result in big differences in verdicts, some conclusions on the burden of proof responsibility and criteria of forum non conveniens can still be found by studying the Restatement of the law Third, Torts: Product Liability and relevant cases.