Aircraft Parts Product Liability on the Hill

On December 6, 2007, Congressman Vernon Ehlers (R- MI) announced that he and Rep. Todd Tiahrt (R-KS) are working on legislation to provide aircraft parts manufacturers with protections against lawsuits. Matt Reiffer, Legislative Director for Congressman Ehlers, explained that the proposed legislation is still in the planning stages and they are currently gathering data to support their position.

One option that would be available to them would be a reform of GARA, the General Aviation Revitalization Act of 1994. GARA provides an 18-year “statute of repose” on product liability lawsuits against general aviation manufacturers. The statute of repose offers manufacturers limited liability on aircraft and component parts manufactured and installed more than 18 years before an incident. GARA may provide manufacturers a defense against certain product liability lawsuits, but it does not prevent such lawsuits being filed.

It is possible under current law to sue an installer for the manufacturer’s liability, with the expectation that the installer would then be responsible for seeking indemnification from the manufacturer. The legislation that is being considered ought to provide PAMA members with some additional protection against this sort of pass-through liability. But the most important aspect of the limits would be that a decrease in frivolous lawsuits against aircraft parts manufacturers would likely lead to a decrease in product liability insurance rates – this in turn makes aircraft parts more affordable and more widely available.