General Aviation Lawsuit

General aviation (GA) includes the vast majority of aircraft flights in America. General aviation aircraft may range from small Piper or Cessna aircraft to private business jets with intercontinental range.

Typically, flights that are not scheduled air services or charter flights are considered GA. Here are the types of flights that are considered GA:

• Air Tours
• Banner towing
• Crop dusting
• Firefighting
• Flight training
• Medical evacuation
• Pipeline patrols
• Private aircraft
• Recreational flying

Commercial and military flights are not considered general aviation.

General aviation safety: fatal crash stats

According to the National Safety Council, there was one fatal GA plane crash per 100,000 flight hours in 2022. This was nearly 15,000% higher than the fatal crash rates for commercial aircraft in the same year.

The General Aviation Revitalization Act (GARA) of 1994 shields manufacturers of aircraft and aircraft parts from liability based on aircraft size and age. GARA attempted to reverse the general aviation industry’s decline, which some attributed to the cost of product liability. 

The legislation established an 18-year statute of repose for new aircraft and replacement aircraft parts. Any legal claims for injuries would have to be filed within 18 years of the aircraft entering the “stream of commerce” or the new or replacement component being installed on the aircraft.

GARA includes exceptions for: 

• Fraud
• Medical transports
• People injured on the ground
• Re-negotiated written warranties

The logic behind GARA is that if an aircraft has flown for more than 18 years before an accident occurred, the aircraft’s “warnings or design” are not the likely cause.

GARA helped the general aviation industry thrive. But it may have shifted liability for crashes to aircraft dealers, aircraft owners, maintenance facilities, mechanics, pilots and other individuals or entities.

Several types of GA lawsuits are filed every year. Below are some types of lawsuits that law firms often handle. In some cases, many of these factors may contribute to a single lawsuit.

Pilot error

Pilot error is often the leading cause of aircraft fatalities in a given year. In 2020, pilot error caused more than 69% of general aviation fatalities. Pilot error includes incorrect decision-making, flight training or other procedural mistakes. 

Manufacturing and design defects

Product liability lawsuits for general aviation products are complicated, especially because defendants may be able to invoke GARA protection. Also, aircraft and their parts are meant to be used by highly trained professionals, which creates higher standards than typical consumer products.

Manufacturing and design defects lawsuits may also focus on “risk-benefit” standards that weigh whether there was a safer design that wasn’t too costly and didn’t offer other risks.

Despite GARA, general aviation crash victims have won judgments and settlements against companies that manufacture aircraft and components.

Faulty maintenance

Airplanes require frequent maintenance to keep them operating safely. Studies on the percentage of maintenance-related plane crashes vary from 7% to 20%, with differences in methodology possibly explaining the variance.

The Motley Rice team includes an aviation maintenance expert to analyze whether clients’ injuries or loss of a loved one was related to maintenance errors.

Air traffic control errors

Vigilant Federal Aviation Administration (FAA) air traffic controllers are critical to keeping airports and aircraft safe. An air traffic controller’s failure can quickly lead to an air disaster like the crash between a private jet and a tour helicopter over the Hudson River in 2009.

The Motley Rice aviation team has the regulatory and procedural knowledge to find out who needs to be held accountable.

What falls under general aviation?

Aircraft flights that are not part of charters or regularly scheduled service are considered general aviation (GA). This includes flights for dusting crops, towing banners, fighting fires, evacuating injured people, patrolling pipelines, pilot training and recreation.

Can I sue for injuries from a private plane crash?

It may be possible to sue for personal injury or on behalf of a deceased loved one. An aviation lawyer can evaluate the facts of your case and assess your eligibility to file a general aviation lawsuit against an aircraft manufacturer, regulatory agency, aircraft owners or other parties. Eligible plaintiffs may include pilots and passengers of the aircraft or and bystanders harmed on the the ground.

Can I sue for property damage from a private plane crash?

If a plane crash damaged your property on the ground, you may be able to file a lawsuit. Economic loss or property damage lawsuits could be filed against the party responsible for the crash.

The Motley Rice aviation litigation team has the expertise to uncover parties responsible for an air crash, seek justice for plaintiffs and advocate for changes that make aviation safer.

Mary Schiavo is an attorney, author and former U.S. Department of Transportation inspector general. She has won numerous awards recognizing her aviation expertise and is a sought-after legal, aviation and transportation expert. She is the author of The Blameless Blue Sky® aviation book series and has been a guest on numerous media outlets worldwide. Mary is committed to making aviation safer for the public – and to highlighting opportunities to change policies and practices to prevent crashes and loss of life. She has represented victims and survivors of numerous aircraft crashes, including the Sept. 11 hijackings.

Former Air Force navigator James Brauchle has more than two decades of experience with aviation cases. He is instrumental in understanding details from aircraft wreckage and flight reconstructions. Jim represents families of those who lost their lives in the Boeing MAX tragedies and handles cases involving manufacturers of both commercial and GA aircraft.

Mary and Jim lead an experienced team of aviation law professionals to pursue accountability in the aftermath of aviation disasters while working to also try and avoid similar tragedies in the future.

Talk to an aviation attorney today.