A pilot had always dreamed of flying the Alaska bush, but that dream had been sidetracked by the responsibilities to earn a living adequate to support a family. Now that family had emptied the nest, the pilot was able to buy a brand-new short takeoff and landing (STOL) tailwheel bush plane from a local dealer, practice short and soft field landings, take a few months off work, load up the hunting, fishing, and camping gear and head out to fulfill that dream. While making a picture-perfect landing on a gravel bar in an Alaskan river, one of the airplane’s left main landing gear struts collapsed, causing the aircraft to be wrecked, and the pilot seriously injured. The gear collapse was caused by a metallurgical flaw in the strut, which had been manufactured by a subcontractor of the aircraft’s manufacturer. The flaw was present when the subcontractor delivered the part to the manufacturer.
Who is potentially legally liable for the pilot’s injuries, and why? Could it make a difference if the pilot had bought the airplane a long time before the accident? Explain.