The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the requirements and scope of its application, is extremely important to companies that provide products with a military application. Quite often, the government contractor defense becomes the focal point in product liability matters involving aviation equipment. The application of the defense is not always clear-cut, particularly when a product is sold to both the government and the general public.
Thus, we advise clients to get out in front of this issue by immediately conducting the necessary fact gathering to determine whether the relevant factors might be satisfied.