BCVLEX files the first product liability action against Airbus resulting from intoxication due to fumes in cabin.
In coalition with Alisa Brodkowitz, attorney of the Seattle based firm Friedman Rubin, BCV Lex has filed an action for damages on behalf of two American pilots who sustained severe damages while flying an Airbus A320 in the United States.
Fumes intoxication in modern aircraft is a well known event, caused by the design and manufacture flaws of the cabin ventilation and pressurization systems. Since the 50’s, the industry has been aware of this problem and aircrafts could had been designed since then in a way to avoid this risk. Unfortunately, performance (both operational and economical) has always been a priority over crew and passenger safety.
There are already new generation aircrafts that have solved the safety issue. Also, the manufacturers are offering some partial solutions for the existing fleet, but those are only optional and expensive for the operators.
Courts in France will have now decide whether the industry has to assume responsibility for the damages caused to crew members and passengers due to this substantial safety flaw.