What Is the General Aviation Revitalization Act?

The General Aviation Revitalization Act (GARA) of 1994 is a federal law that established an 18-year statute of repose for product liability lawsuits against general aviation aircraft manufacturers. The law limits the amount of time injured plaintiffs have to bring civil actions against the makers of general aviation aircraft, aircraft engines and aircraft parts.

GARA applies to most aviation accidents involving commercial and non-commercial aircraft with maximum seating capacities of fewer than 20 seats. It only applies to aircraft that were not carrying passengers on scheduled flights at the time of the accident.

General aviation aircraft may include small planes, helicopters, gliders, airships and balloons. These aircraft may be used for private purposes or non-passenger-carrying commercial purposes, like transporting cargo or agricultural material. GARA doesn’t apply to military aviation.

A statute of repose bars claims based on a time limit that begins with the actions of a defendant and can start before an injury happens. The General Aviation Revitalization Act sets an 18-year statute of repose. The time begins in two ways:

• When an aircraft or aircraft part is delivered from a manufacturer to a purchaser or lessee
• When an aircraft is delivered to someone in the business of selling or leasing aircraft.

A statute of repose is different from a statute of limitations. A statute of limitations establishes a time limit for filing a civil lawsuit. The time limit generally starts from when a plaintiff’s injuries occurred. In most states, the statute of limitations for personal injury or wrongful death resulting from a defective product ranges from one to three years.

The GARA 18-year limit on additional or replacement parts starts when the addition or replacement is complete. GARA has been challenged in cases involving maintenance and service manuals. These claims have alleged that changes in directions for maintenance or updates to service manuals should trigger the start of another 18 years of repose.

GARA was passed to reduce the rising cost of product liability litigation for aircraft manufacturers. Aviation executives argued that the litigation was harming the industry. They said the litigation was also causing aircraft sales to decline. Limiting liability would free up capital for investments in research and development. These benefits would spur more manufacturing and job creation, thus revitalizing the industry.

Exceptions to the General Aviation Revitalization Act

There are exceptions to the General Aviation Revitalization Act. The following may allow claims after the 18-year statute of repose deadline:

• Extended warranty exception: Manufacturers are liable for product defects if they offer extended warranties that exceed GARA’s 18-year limit.
• Fraud or misrepresentation exception: If a manufacturer misrepresented, lied, concealed or withheld information about known manufacturing defects from the Federal Aviation Administration (FAA), the statute of repose may be lifted.
• Medical or commercial use exception: Passengers who were in an accident while being transported because of a medical emergency may sue aviation manufacturers after the 18-year statute of repose. This exception holds, even if GARA bars others on the plane from taking legal action. The rationale for this is that medical transport passengers have no choice about being on an aircraft. Therefore, they are not voluntarily giving up their tort rights.
• New parts exception: GARA aviation law provides a “rolling” statute of repose for new aircraft component parts, replacement parts and systems. The 18-year limit starts over again for these parts when their installation is complete.
• Non-passenger exception: If a person is injured or killed by a general aviation aircraft accident, but they weren’t a passenger on the plane, the statute of repose does not apply. Under this exception, injured parties can bring suit past 18 years if they were on another plane that was in a mid-air collision with a GA aircraft or were injured on the ground.

The General Aviation Revitalization Act of 1994 reshaped the legal strategy for cases involving GA aircraft accidents. The best strategy for plaintiffs is to understand how GARA applies to their claim.

Since GARA, plaintiffs’ attorneys must use pre-filing investigations, expert analysis and other evidence to determine:

• Whether an aircraft or aircraft component is under 18 years old
• Whether fraud or misrepresentation, a new parts exception, a warranty exception or a passenger exception applies to the claim
• Whether parties other than a manufacturer may be liable for the aviation accident

Even when GARA claims bar lawsuits against manufacturers, there could be other liable parties that plaintiffs could hold responsible. An aviation accident attorney may be able to help identify other potentially liable parties, which may include mechanics, maintenance companies, pilots and operators.

What GARA means for victims of aviation accidents

GARA can be confusing for aviation disaster victims and their families. Injured parties and their loved ones may wrongfully assume that it bars them from any civil legal action.

However, GARA does not prevent all claims involving older aircraft. There are exceptions to the law, including some cases involving:

• Aircraft with new or replacement parts less than 18 years old
• Extended warranties
• Fraud or misrepresentation
• Medical or commercial passenger flights
• Non-passenger injuries and death

If you or someone you love was hurt in a general aviation aircraft accident, it is important that you speak with an attorney with experience navigating federal aviation statutes. A lawyer who is knowledgeable about GARA may be able to help you find exceptions to the statute of repose, which may make you eligible to seek compensation with an aviation lawsuit.

Motley Rice’s aviation litigation team includes aviation law attorneys and industry experts. We use our aviation knowledge and legal experience to help victims and their families investigate accidents and navigate complex laws and regulations.

If you or someone you love was hurt in a general aviation aircraft collision, you may be eligible for a general aviation lawsuit. You may be able to recover financial compensation for your injuries or for the death of a loved one.

Motley Rice’s aviation lawyers can provide you with more information and discuss your potential legal options. Contact us today by filling out our online form or calling 1.800.768.4026.

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