21-63-9. Product not in compliance with mandatory government contract specification.
If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, or if the specification related to warnings or instructions that were not in compliance with a mandatory government contract specification relating to warnings or instruction, no presumption exists and the burdens of proof applicable to nonaviation products liability actions apply.
Source: SL 2011, ch 113, ยง9.
Structure South Dakota Codified Laws
Chapter 63 - Aviation Product Liability
Section 21-63-1 - Definition of terms.
Section 21-63-2 - No product liability beyond useful safe life.
Section 21-63-3 - Factors in determining useful safe life.
Section 21-63-4 - Express warranty beyond useful safe life.
Section 21-63-5 - Time for bringing aviation product liability claim--Indemnity.
Section 21-63-8 - Product in compliance with mandatory government contract specification.
Section 21-63-9 - Product not in compliance with mandatory government contract specification.
Section 21-63-10 - Duty to warn or instruct.
Section 21-63-11 - Sections 20-9-10 and 20-9-10.1 unaffected.
Section 21-63-12 - Evidence of advancements, changes, or subsequent measures.