Kreindler & Kreindler litigates aviation product liability cases that arise from aviation accidents and product failures. We conduct a thorough investigation for each claim to determine if a product design defect or faulty manufacturing caused the accident at hand.
Products Liability Laws govern the liability of manufacturers, wholesalers, distributors and vendors for damages caused by dangerous or defective products.
Proving an aviation products liability claim is expensive and challenging.
The purpose of aviation products liability law is to protect passengers from dangerous aviation products while holding manufacturers and distributors responsible for putting into the marketplace aviation products that they knew, or should have known, were dangerous or defective. Products liability law is almost always state law, and aviation lawyers must understand each potentially applicable products liability law in order to properly represent victims of aviation accidents.
General Aviation Revitalization Act
In 1994, Congress enacted the General Aviation Revitalization Act (GARA) which imposes a statute of repose protecting general aviation manufacturers from liability for claims arising more than 18 years after the manufacture of the aircraft, or any components, systems, subassemblies, or other parts involved in an accident.
Where an aviation product fails because of its design or manufacture, a victim may file a products liability action against the manufacturer. Proving a products liability claim is expensive and challenging, but depending on the age of the product, victims may have little chance of recovery.
GARA’s goal was to establish a federal statute of repose to protect general aviation manufacturers from liability for older aircraft. It provides aviation manufacturers with protection from lawsuits for aircraft older than 18 years from the date of original production.
The 18-year time period begins to run anew each time a component is added to the airplane where the component causes the accident. GARA contains four exceptions for the defenses it accords general aviation manufacturers. GARA will not afford protection if:
The claimant proves that the manufacturer knowingly misrepresented to the FAA, or concealed or withheld from the FAA, required information that is material and relevant to the performance or the maintenance or operation of the aircraft or a component part;
If the case is brought for a passenger receiving treatment for a medical or other emergency;
If the case involves a person who was not aboard the aircraft at the time of the accident; or
If there was an action brought under a written warranty enforceable under law but for the operation of this act.
GARA is significant because much of the general aviation fleet is more than 18 years old. Some states have adopted statutes of repose more restrictive than GARA. Accordingly, in many general aviation disasters the victims will not have a claim against the aircraft manufacturer even if a product defect caused the crash.
Proving Fault Against Negligent Manufacturers Across the Country
Kreindler attorneys focus on uncovering all potential liability factors to help our aviation accident clients receive full financial recovery. Manufacturers must ensure their aviation products are safe and free of defects before they are used in planes and helicopters. When they fail to meet their legal responsibility, they must be held accountable. Kreindler attorneys have extensive experience taking on highly complex cases often hinging on technical details. We consult engineers, safety experts and other industry-leading experts to prove fault in a wide range of aviation products liability claims, such as:
Faulty airplanes, aviation components, warnings and instructions
Defective helicopters and helicopter components, warnings and instructions
Aviation injury claims
Every aviation products liability claim is fact specific. Kreindler will conduct a thorough investigation to determine if improper design, manufacturing procedures, poor safety standards or faulty installation techniques led to the catastrophic or life-threatening accident. We will also seek to understand if the accident could have been prevented by clearer safety warnings. We prepare every case so that we will have the best result possible at trial.
Contact Our Skilled New York Defective Product Lawyers
We advance the expenses involved in investigating aviation products liability claims. We will only recover our investment if we successfully resolve your products liability claim. To learn how we can help you pursue a full financial recovery, contact Kreindler aviation products liability attorneys.
Proving an aviation products liability claim is expensive and challenging.