The National Transportation Safety Board (NTSB) investigates U.S. civil aviation accidents. Aviation injury cases are different from typical personal injury claims. Federal frameworks, like federal preemption and statutes of repose, control every part of the case. An aviation lawyer helps you navigate these specific parts of aircraft law.
Understanding Federal Preemption in Aviation Cases
Aviation is one of the most federally regulated industries in the United States. The Federal Aviation Act and Federal Aviation Regulations (FARs) set comprehensive safety standards for aircraft, pilots, and operators. When state tort law conflicts with these federal standards, federal law often wins. This is called federal preemption.
In Abdullah v. American Airlines, the Third Circuit held in 1999 that federal law preempts state-law standards of care for in-flight safety. Courts have applied and refined this rule for over two decades. So, in many aviation cases, the standard of care comes from federal regulations, not state common law.
There are still parts of a claim under state law, like compensation. A jury can award damages after determining liability. State law also governs claims about ground operations and contract disputes.
This makes all the difference for a plaintiff like you. Read our overview of what an aviation lawyer does to learn more. Skilled aviation injury attorneys weigh which framework applies to which part of a claim.
What You Should Know About NTSB Investigations in Aviation Litigation
When a U.S. civil aviation accident occurs, the National Transportation Safety Board (NTSB) leads the investigation. This may create issues in legal procedures.
First, the agency investigates the cause of civil aviation accidents in the United States. They publish probable cause findings. Investigators often arrive at the scene within hours. They control access to wreckage, flight data recorders, and witnesses.
However, under 49 USC § 1154(b), the NTSB’s final accident reports aren’t admissible as evidence in civil litigation. This protects the agency’s safety-investigation function from weaponization in lawsuits. Instead, you could use this evidence in an aviation accident claim:
- Photographs and video evidence
- Recorder data
- Witness statements
Basically, the factual record can be used. But the agency’s conclusions about cause cannot. Counsel and their experts often build cases on the factual record.
NTSB investigations and civil litigation often happen at the same time. But the NTSB investigation may shape what evidence is available. This is common in helicopter accident cases, which the NTSB routinely investigates.
GARA and the 18-Year Statute of Repose Explained
Does your general aviation case involve an aircraft manufacturer? A federal law called the General Aviation Revitalization Act (GARA) may apply. According to GARA, you generally can’t sue an aircraft manufacturer for a defect in a small plane. But only if the plane is more than 18 years old.
What GARA Does
Passed in 1994, GARA creates an 18-year statute of repose on product liability claims against general aircraft manufacturers. This means that most claims against manufacturers are barred after 18 years.
“General aviation” means aircraft with 20 or fewer seats. They must also not be used for commercial purposes. GARA typically covers the following types of aircraft:
- Private planes, like Cessnas, Pipers, or Beechcrafts
- Small business jets with fewer than 20 seats
- Most helicopters
- Crop dusters
- Charter flights
- Air ambulances that aren’t transporting patients
Statute of Repose vs. Statute of Limitations
A statute of limitations starts when an injury occurs or is discovered. This is most common in personal injury claims. However, a statute of repose is different, because it starts when a product is delivered.
GARA’s clock can expire before any accident happens. But it can also restart. Did a manufacturer issue a replacement part or make another covered change? The 18-year clock can restart for that specific piece.
Also, GARA has four protected exceptions. This means that the federal law may not bar claims in certain aviation accident cases.
- If the manufacturer lied to the FAA, then GARA doesn’t protect them. This is powerful but hard to prove.
- If the injured person was a passenger on a certified emergency medical flight, GARA doesn’t apply. An example is a medevac (medical evacuation) helicopter.
- If the crash hurts people on the ground, those people can still sue, regardless of the plane’s age. An example is that the plane crashed into someone’s house, hurting those inside.
- GARA doesn’t protect written warranty claims. If the manufacturer gave a written warranty that extends beyond 18 years, claims under that warranty can continue.
For example, a crash in a 20-year-old aircraft may have no viable product liability claim against the manufacturer. A crash in a newer aircraft, or one involving recent parts, just might. Our private jet accident team considers whether or not GARA applies to your claim.
Common Questions About Aviation Cases in America
What kind of cases does an aviation accident attorney handle?
Plaintiff-side aviation attorneys handle injury, wrongful death, and product liability cases involving aircraft. Other firms focus on sales or pilot defense. The specialization depends on the firm. At Alexander Shunnarah Trial Attorneys, we put the plaintiff first.
How is an aviation injury case different from a car accident case?
Aviation cases are governed largely by federal law, including the Federal Aviation Act and GARA. Car accident cases are governed mostly by state law. The differences change who can be sued, when, and under what legal standard.
What is GARA in aviation law?
GARA is the General Aviation Revitalization Act of 1994. It imposes an 18-year statute of repose on most product liability claims against general aviation manufacturers. Four exceptions apply, including knowingly misrepresenting to the Federal Aviation Administration (FAA).
Can the NTSB report be used in a lawsuit?
The NTSB’s final accident report and probable cause findings are not admissible under 49 USC § 1154(b). However, lawsuits generally admit evidence like photos, measurements, and recorder readings. The best thing you can do is to meet with an aviation attorney.
How long do I have to file an aviation accident claim?
The statute of limitations for personal injury or wrongful death varies by state. Federal statutes of repose, like GARA, create separate and fixed time limits. These can bar claims regardless of when the injury occurred.
What does an aviation accident attorney cost?
Most plaintiff-side law firms, including our team, work on a contingency fee basis. This means that you only pay if we win a verdict or settlement in your favor. We believe that everyone deserves high-quality legal counsel.
Trust Our Aviation Accident Attorneys Today
Aviation cases rely on federal regulations and investigation timelines. Many statutes bar claims that most plaintiffs don’t know exist. So, after an aviation crash, you need aviation accident lawyers you can trust to fight for you.
Alexander Shunnarah Trial Attorneys has the skills and resources you need. After more than 20 years, we’ve recovered over $2 billion for people and their families. We’ve handled aviation and other catastrophic injury cases nationwide. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys, on 2026-11-09.
