What is GARA and how does it relate to aviation accidents?

GARA, or the General Aviation Revitalization Act, was drafted in 1994 as an amendment to the original Federal Aviation Act that was previously drafted and passed in 1958. GARA is essentially a “statute of repose” or statute of limitations.”

The purpose of GARA was to establish time constraints in which civil actions must be brought against an airline company or aircraft manufacturer who supplied a component part for an aircraft. GARA applies to aircrafts that were involved in an accident that resulted in damages to property or injuries to human passengers.

Under the rules set by GARA, if the aircraft seats less than twenty passengers and is older than 18 years, any aircraft manufacturer that supplied a component or part for that aircraft cannot be sued in the event of an aviation related accident. These rules were set in place to protect smaller companies and parts manufacturers from liability for parts made many years in the past.

This exemption is not extended in every circumstance, however. For instance, if the aircraft is engaged in a scheduled or routine flight that is designated as a passenger travel flight, or if the aircraft is in the process of being used for a medical transport vehicle of any kind, anyone who is injured in the event of an accident may be entitled to file suit against the aircraft manufacturer or component supplier. Another instance in which an individual may file suit against an aircraft manufacturer or component supplier is in the event of an accident which injures or kills someone who is not a passenger of the aircraft at the time of the accident.

If you are concerned about whether GARA may apply to an aviation accident you are involved in, it is in your best interests to consult with an experienced attorney. Your lawyer can provide you with details and advice on who the appropriate defendants are based on your accident. 

Case Studies: General Aviation Revitalization Act (GARA) and Aviation Accidents

Case Study 1: The Vintage Airplane Incident

In this case, a vintage airplane, over 18 years old and seating less than twenty passengers, is involved in an aviation accident resulting in injuries to the passengers and damage to property. Despite the damages and injuries, the aircraft manufacturer and component suppliers cannot be held liable in civil actions due to the 18-year rule under GARA.

This rule grants immunity to smaller companies and parts manufacturers from liability for parts produced many years ago, protecting them from potential lawsuits related to older aircraft.

Case Study 2: The Scheduled Flight Mishap

In this scenario, a commercial airliner, over 18 years old and seating more than twenty passengers, is engaged in a scheduled passenger flight when an aviation accident occurs. The accident causes injuries to several passengers. In this case, GARA’s protection does not apply, and the aircraft manufacturer and component suppliers can be subject to civil actions for any damages and injuries caused by the accident.

Case Study 3: The Air Ambulance Emergency

In this instance, an air ambulance, over 18 years old and seating less than twenty passengers, is being used for medical transportation when an aviation accident happens. The accident results in injuries to the medical staff on board. GARA’s protection is not extended in this case, and the aircraft manufacturer and component suppliers can be held liable in civil actions for any injuries and damages caused by the accident, as the medical transport vehicle exemption applies.