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Manufacturing And Design Defects

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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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Clive Garner Consultant Meet the team

Falls From Height Claims - If you’ve been injured in a fall at work, you could claim compensation
Manual Handling Claims - We’re experienced in handling cases where clients have been injured because of manual handling
Injured At Work Benefits - Our factsheet provides information on the Industrial Injury Disablement Benefit
Workplace Accidents Claims Guide - Answers to some frequently asked questions

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

*To make a No Win No Fee claim, you need to enter into an agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

What Our Clients Say

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Very impressed

I am so happy i chose Irwin Mitchell as my solicitors, they have done nothing but help me threw my recovery since my tragic accident, I am still recovering and they do their absolute best to make my life easier…

Kayley hicken
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Sheffield conveyancers are simply the best!

Fast friendly and efficient service from Sheffield team all dealt with electronically due to distance with buying on south coast... The price quoted was fair, fixed and compared favourably against other large firms. Would definitely use again and recommend to anyone.


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Medical Negligence Solicitors

I would highly recommend this firm. My medical negligence claim was handled very well by my solicitors Margaret Ryan and Rebecca Haigh. They have kept me well informed…

Abby
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About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

It's what we call 'expert hand, human touch'.

We have offices around the UK so wherever you are, our experts can help.

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