North Dakota § 28-01.4-03 State-of-the-art defense

North Dakota Statutes

§ 28-01.4-03 — State-of-the-art defense

North Dakota § 28-01.4-03

Title 28Judicial Procedure, Civil

Ch. 28-01.4Aviation Manufacturer Products Liability

This text of North Dakota § 28-01.4-03 (State-of-the-art defense) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 28-01.4-03 (2026).

Text

An aviation manufacturer or seller of aircraft or aircraft components may not be held liable
for any personal injury, death, or damage to property sustained as a result of an alleged defect
in a state-of-the-art product. An aircraft or aircraft component is presumed to be a
state-of-the-art product if the plaintiff cannot show by a preponderance of the evidence that a
safer aircraft or aircraft component was on the market at the time of manufacture. No evidence
of subsequent design or modification of an aircraft or aircraft component is admissible to prove
that an aircraft or aircraft component is not a state-of-the-art product. The state-of-the-art
comparisons must be made to products with similar-intended utility. The trier of the fact shall
consider the defense that the designer's choic

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An aviation manufacturer or seller of aircraft or aircraft components may not be held liable
for any personal injury, death, or damage to property sustained as a result of an alleged defect
in a state-of-the-art product. An aircraft or aircraft component is presumed to be a
state-of-the-art product if the plaintiff cannot show by a preponderance of the evidence that a
safer aircraft or aircraft component was on the market at the time of manufacture. No evidence
of subsequent design or modification of an aircraft or aircraft component is admissible to prove
that an aircraft or aircraft component is not a state-of-the-art product. The state-of-the-art
comparisons must be made to products with similar-intended utility. The trier of the fact shall
consider the defense that the designer's choice averted greater peril for a large subclass of
intended users and shall consider the economic viability of the component or product.