Development in Aviation Product Liability and Its Implication to China

Abstract

The victims of aviation accidents often bring a case to litigation on the account of product defect under the aviation product liability, other than transportation liability, in order to obtain highamount compensation. Aviation product liability has a strong international character, and a combination of both transportation and product liability. In judicial practice, this kind of liability is related to a lot of confusing complexities: legal relationship, legal subject, the principle of liability, exemption of liability, jurisdiction and applicable law. With the background of China's strategy on large aircrafts and growing consumer protection, China should learn from the mature legislation and judicial practice of European and American aviation product liability. The amendment of Civil Aviation Law, legislation of specialized aviation industrial promotion law and the improvement of aviation product liability system will prevent China becoming the third largest target for aviation product liability litigation after the United States and Europe.