If a military ejection seat is found to malfunction because of unreported defects, who is primarily liable?

In this scenario, the primary liability for a malfunctioning military ejection seat due to unreported defects would rest with the contractor, especially if the contractor was aware of the defects. Contractors who produce equipment for military use have a legal obligation to ensure that their products meet safety standards and are free from defects. If they are aware of specific defects and fail to report or rectify them, they could be held liable for any resulting malfunctions.

The contractor's responsibility is rooted in product liability laws, which hold manufacturers accountable for defects that may pose a risk to users. This accountability is particularly pertinent in the military context, where the stakes for safety and performance are extraordinarily high. If the contractor failed to act upon known defects, it directly contributes to the system's failure, warranting liability for the contractor's oversight.

Military specifications provided by the government generally outline the requirements for how a product should perform but do not absolve contractors of their responsibility to ensure that the designs they deliver are free from defects and operationally sound. Thus, the government's role in specifying requirements does not imply liability for issues arising from defects that the contractor was aware of.