Statute of Repose Limits

Statute of repose is one of two timing factors that must be considered in aviation accidents. There are two timing factors that must be considered in aviation accident lawsuits.

A "Statute of Repose" limits the time a lawsuit may be filed in reference to how long an airplane or part of an airplane has been in service depending on jurisdiction. This statute may have primary impact on deciding your aviation accident case due to the General Aviation Revitalization Act of 1994, which states that no civil action for damages arising out of an accident involving a “general aviation aircraft” may be brought against the manufacturer of any component of the craft if the date the aircraft crashed is more than 18 years after the date it was first delivered to a person engaged in selling aircraft. As such, a statute of repose may bar a remedy even before a cause for legal action arises.

The aircraft manufacturers warrant the “useful life” of their aircraft for far longer than 18 years. There are 747’s still in use today manufactured in the 1970’s. If an older aircraft were involved in an accident, depending on the state or the statute involved, there may be a statute of repose that prohibits anyone from bringing a lawsuit against the manufacturer. In aviation cases one of the first things a lawyer must determine is the manufacture date of the aircraft, the engine, and the component parts. If they are not experts they must obtain inspectors with proficiency in photography and plane crash site inspection to examine and document the crash site.

A statute of repose is in place because a product may fail many years after it is manufactured. For example, if a product was manufactured in 1990, but doesn’t fail until 2008, a person who’s injured by that product could theoretically sue within five years (statute of repose in Arkansas is five years) or 2013.

Often confused with the “statute of limitations,” which limits the amount of time you have to file your case, your aviation attorney needs to ensure that your suit is filed in a timely fashion to ensure that your case will adhere to the proper statute of limitation.

If you would like a more detailed explanation of statute of repose in Arkansas, contact us via email or call us toll-free at 1-877-382-9734.