Private Planes
In addition to representing victims of major airline disasters, the Law Offices of Sterns & Walker also assist the victims of crashes involving smaller, privately-owned airplanes. Owners and operators of private planes and their passengers face unique issues not dealt with in larger, commercial claims.
Insurance
There is no federal law requiring private aircraft operators to carry insurance. The U.S. in this regard lags behind Europe and Canada, as well as the laws of most states regarding automobiles. Interstate carriers and air taxi operators must carry insurance with limits ranging from $75,000 per person and $300,000 per occurrence to $300,000 per person and $20,000,000 per occurrence. Also, a handful of states (Alaska, California, Maryland, Minnesota, Missouri, South Carolina, and Virginia) require some level of liability insurance, but for the most part, private plane operators do not carry adequate insurance to compensate victims of crashes.
Even plane operators who do carry insurance must be careful not to run afoul of Federal Aviation Administration (FAA) regulations. In addition to monetary fines, violation of FAA regulations in some instances may void any insurance coverage on the aircraft.
No Charging for Flights
Commercial aircraft are subject to many more FAA regulations than private craft. In order for a private craft to stay private, it must not charge for a flight. This includes asking friends to chip in for fuel on a pleasure trip or charging back the operating cost of a business trip. Charging for a flight can make a private plane subject to increased FAA regulations as well as to significantly higher insurance rates.
Manufacturers' Liability
Liability against manufacturers of small private planes is limited by the General Aviation Revitalization Act (GARA). GARA was passed by Congress in 1994, establishing an 18-year statute of repose for aviation accident lawsuits brought against manufacturers of general aviation aircrafts and their component parts. In other words, no action may be brought against an airplane manufacturer for an accident which occurred more than 18 years after the craft or part was built, purchased, or delivered to a dealer.
GARA has been broadly interpreted by the courts to cover not only the original manufacturer but also successors in interest and agents of the manufacturer. Various dealers, distributors, sellers, and lessors have also been able to avail themselves of this defense.
GARA does contain four exceptions:
- Fraud - if the manufacturer knowingly misrepresented or concealed material information
- Medical Emergency - if the passenger was on board for purposes of receiving treatment
- Not aboard the aircraft - if victim was not on board at the time of the accident
- Written Warranty - if a written warranty would otherwise provide a remedy but for the GARA defense.
GARA is a major obstacle to recovery for damages or death in many cases. If the accident involved an older airplane, it is essential that the victim contact and obtain the best counsel. Sterns & Walker have extensive experience with GARA.
For assistance in pursuing a personal injury or wrongful death claim against an owner, operator, or manufacturer of a private plane or other aircraft, contact the Law Offices of Sterns & Walker today.
