FAQ: What is a “statute of repose” in regards to an aviation accident?

A statute of repose can limit the ability to bring a lawsuit for product defects in various aviation parts, depending on how long it has been used. This means that if the part is older than a pre-determined number of years, it is exempt from a lawsuit if it fails and causes injury. For example, let’s say an engine part on an aircraft that you are on fails and the plane crashes causing you injury. If the engine part that caused the crash on your aircraft is 20 years old and the state you file the lawsuit in has a statute of repose of 15 years. In that case, you are unable to claim a product defect due to the statute of repose. In addition, the general aviation revitalization act is a statute of repose that applies to aircrafts carrying fewer than 20 passengers and bars claims involving most parts over 18 years old. Consult us, as this requires extensive research and analysis.