Abstract:
Designer of aviation product, manufacturer, seller and maintainer of aircraft participate in spread and diffusion of risks in different stages and ways while aircrafts are put into use. Therefore,all kinds of subjects may bear product liability for aviation accidents, caused by flaws that are respectively appended to aircraft by them. They could be the subjects of liabilities. However, considering the degrees of these kinds of subjects' control over aviation products are different and the benefits are different, according to international practice and factors such as balance of risks and interests, expectability, etc., the duties should be different. As far as the specific design of system, designer of product should bear constructive negligence liability, manufacturer and seller of aircrafts should bear strict liability, while maintainer should bear constructive negligence liability when they conduct ordinary maintenance, and strict liability when the maintenance is incremental.