28-01.4-02. Compliance with federal standards - Presumptions and defenses

28-01.4-02. Compliance with federal standards - Presumptions and defenses 1. There is a disputable presumption that a product is free from any defect or defective condition if the product was in compliance with: a. Government standards established for that product; or b. If no government standards exist, applicable industry standards that were in existence at the time of manufacture. 2. An aviation manufacturer or a seller of aircraft or aircraft components may utilize the presumption provided by subsection 1 if the manufacture, design, formulation, inspection, testing, packaging, labeling, or warning complied with: a. Federal aviation administration or department of transportation regulations that relate to the safety or establish safety standards for the aircraft or aircraft component and which existed at the time the aircraft or aircraft component was produced; b. Any premarket approval or certification by the federal aviation administration or any other federal agency; and c. Applicable industry standards that were in existence at the time the plans, designs, warnings, or instructions for the aircraft or aircraft component or the methods and techniques of manufacturing, inspecting, and testing the product were adopted. 3. The presumption under subsection 1 is not available if the plaintiff proves by clear and convincing evidence that the aviation manufacturer or product seller knowingly and in violation of applicable agency regulations made misrepresentations, made illegal payments to an official for the purpose of securing approval, committed fraud, or concealed evidence. 4. There is an absolute defense to any product liability action brought against an aviation manufacturer when a claimant, in violation of federal aviation administration regulations, has used alcohol or illicit drugs while operating or using an aircraft or aircraft component. 5. This chapter does not affect the authority of the federal aviation administration or any other federal agency with regard to the regulation of aircraft and aircraft components.