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Most states have adopted a version of what is typically referred to as the “Malfunction Theory” that permits circumstantial proof of a product defect in a product liability action. The Malfunction Theory largely corresponds to the doctrine of
res ipsa loquitur in negligence cases. Generally, the concept is that if a product fails in a fashion that most likely would not have occurred if it were not defective, and reasonable alternative explanations can be ruled out, the jury is permitted to conclude that the product was defective, even absent specific proof of a defect. The Malfunction Theory is adopted at Section 3 of the
ended up in this area? is that feasible? of course he could have disabled various systems. but to completely shut off the acars, he would have had to go back into the e and e, the electronics and engineering compartment that s eight feet behind the cockpit and down below the galley. and basically vacate the cockpit. the evidence is such that the acars system was being pinged by the satellite. so he would have had to disable that, too. it just seems so implausible to me. you must be talking to pilots all the time about this. i m talking to random people in the street about this. everyone s obsessed with it for one reason, the mystery remains a mystery. when you talk to pilots, experienced, long service pilots, what is the general feeling you re now getting about what they think is the most likely scenario here? most of them kind of align with my malfunction theory and with the fuel issue we just brought up where it is plausible it could have gone a certain
back into the e and e, the electronics and engineering compartment that s eight feet behind the cockpit and down below the galley. and basically vacate the cockpit. the evidence is such that the acars system was being pinged by the satellite. so he would have had to disable that, too. it just seems so implausible to me. you must be talking to pilots all the time about this. i m talking to random people in the street about this. everyone s obsessed with it for one reason, the mystery remains a mystery. when you talk to pilots, experienced, long service pilots, what is the general feeling you re now getting about what they think is the most likely scenario here? most of them kind of align with my malfunction theory and with the fuel issue we just brought up where it is plausible it could have gone a certain distance toward the search area. what malfunction, les, would have happened that could have caused all the things we believe happened? the one and it s a great