Can You Sue an Aircraft Manufacturer After a Small Plane Crash? GARA’s 18-Year Rule
Many of the private planes flying out of airports like Beverly, Lawrence, and Hanscom were built decades ago. When one of these aircraft crashes, families often assume the manufacturer can be held responsible for a design or manufacturing defect. Sometimes that is true. But a federal law called the General Aviation Revitalization Act, usually shortened to GARA, can shut the door on many of those claims once an aircraft or part is more than 18 years old.
Understanding how GARA works, and where it stops, matters early in any small plane crash case. It shapes which parties can be sued and which records need to be found and preserved.
What Is GARA?
Congress passed the General Aviation Revitalization Act of 1994 (Pub. L. No. 103-298, codified as a note to 49 U.S.C. § 40101) in response to product liability costs that manufacturers said were crippling small aircraft production. GARA creates an 18-year “statute of repose” for civil actions for death, injury, or property damage brought against the manufacturer of a general aviation aircraft, or of a component or part, in its capacity as a manufacturer.
A statute of repose is different from an ordinary statute of limitations. A statute of limitations usually runs from the date of an injury. A statute of repose runs from a fixed event, here the delivery of the aircraft or part, and can bar a claim even before anyone has been hurt.
Which Aircraft Does GARA Cover?
GARA applies only to “general aviation aircraft.” In general terms, that means an aircraft that:
- Received a type certificate or airworthiness certificate from the FAA;
- Had a maximum seating capacity of fewer than 20 passengers when that certificate was originally issued; and
- Was not engaged in scheduled passenger-carrying operations at the time of the accident.
Most private airplanes, training aircraft, and many helicopters fall within this definition. Scheduled airline flights do not. Injuries on airline flights are governed by different rules, discussed on our airline passenger injury page.
How the 18-Year Clock Is Measured
For the aircraft as a whole, the 18-year period generally starts on the date the aircraft was delivered to its first purchaser or lessee, or to a dealer in the business of selling or leasing aircraft. A plane built in 1978 is well outside that window today.
The “Rolling Provision”
GARA also contains what courts call the rolling provision. When a new component, system, subassembly, or other part replaces an original part or is added to the aircraft, and that new part is alleged to have caused the accident, a new 18-year period starts for that part on the date the replacement or addition was completed. An old airframe may therefore carry a much newer engine component, magneto, or fuel system part that is not yet protected. Courts have reached different results on what counts as a “new” part, so the history of each component often becomes a key question.
The Four Exceptions to GARA
Even when the 18 years have run, GARA does not apply in four situations:
- Knowing misrepresentation or concealment. The manufacturer knowingly misrepresented to the FAA, or concealed or withheld from it, required information that was material and relevant to the aircraft or part and causally related to the harm.
- Medical or emergency passengers. The injured or deceased person was a passenger for purposes of receiving treatment for a medical or other emergency, such as on an air ambulance flight.
- People not aboard the aircraft. The person harmed was on the ground or otherwise not aboard the aircraft at the time of the accident.
- Written warranties. The claim is brought under a written warranty that would otherwise be enforceable.
Courts generally place the burden on the person bringing the claim to show that an exception applies, and some courts require these facts to be pleaded with specificity. Proving the misrepresentation exception in particular can require detailed investigation of FAA records and manufacturer communications.
Who GARA Does Not Protect
GARA protects manufacturers acting in their capacity as manufacturers. It does not shield the other people and businesses involved in operating and maintaining an aircraft, such as:
- Pilots and aircraft owners or operators
- Mechanics, maintenance shops, and FAA-certificated repair stations
- Flight schools, charter operators, and fixed-base operators
- Fuel suppliers and, in some circumstances, parts sellers
Because of this, older-aircraft cases frequently turn on maintenance and operation rather than original design. Our companion article, Aircraft Maintenance Negligence: Who Is Liable When Repair Work Causes a Crash?, explains how those claims work. Courts have disagreed about some edges of the “capacity as a manufacturer” language, including claims tied to maintenance manuals or rebuilt parts, so each situation needs careful review.
Why the Aircraft’s Records Matter So Much
Whether GARA applies often depends on dates buried in the aircraft’s paperwork. Important records include the airframe, engine, and propeller logbooks; parts invoices and certificates; overhaul and repair station work orders; and records of airworthiness directive and service bulletin compliance. These records can show when a part was installed and by whom. Our aircraft accident investigation checklist lists what to secure, and wreckage and records can change hands once the federal investigation ends.
State Deadlines Still Apply
GARA is only one time limit. State deadlines run alongside it. In Massachusetts, a wrongful death action generally must be filed within three years of the date of death, or in some cases within three years of when the estate’s representative knew or reasonably should have known the factual basis for the claim (G.L. c. 229, § 2). Claims arising in other states, or against government entities, may have different deadlines. Learn more about wrongful death claims.
Frequently Asked Questions
Does GARA apply to helicopters?
It can. GARA’s definition turns on the aircraft’s certification, seating capacity, and type of operation rather than whether it is an airplane or a rotorcraft, so many helicopters used outside scheduled passenger service fall within it.
If a plane is more than 18 years old, is there no case at all?
Not necessarily. A replacement part may have its own newer 18-year period, one of the four exceptions may apply, and GARA does not protect pilots, owners, maintenance providers, or other non-manufacturers whose conduct may have contributed to the crash.
Does GARA protect someone injured on the ground?
GARA’s time bar does not apply when the person harmed was not aboard the aircraft at the time of the accident, such as a homeowner or motorist struck by a falling aircraft.
Talk With Our Aviation Practice
If you or a family member was hurt in a private plane or helicopter crash, questions about GARA and aircraft records should be addressed early. Learn more about our aircraft and helicopter accident practice. Call Muggeo & Associates at 978-741-1177 or contact us online.
This article provides general information only and is not legal advice. Laws change and outcomes depend on the facts of each case.
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