The statute of repose under Florida law sets a strict time limit for undertaking legal actions, impacting industries by limiting liability duration for different types of claims.
In Florida, the 4-year statute of limitations remains, but the statute of repose was shortened from 10 to 7 years. A statute of repose is akin to a statute of limitations, except it cuts off legal rights if a claim is not filed by a deadline. It is an absolute bar on the potential product liability of a manufacturer after a given time following the manufacture and sale of the product. However, the two statutes differ since:
The legal act that establishes a statute of repose in certain aviation crash cases is the General Aviation Revitalization Act of 1994 (GARA). This federal law limits the liability of aircraft manufacturers for accidents that occur 18 years or more after the aircraft's delivery date. It was designed to protect smaller, private aircraft manufacturers from liability for accidents involving older airplanes or parts. GARA bars lawsuits against the aircraft or part manufacturer if the item in the cause is 18 years old or older at the time of the accident. It applies even if manufacturer negligence caused the accident. GARA does not apply if the aircraft was involved in:
The U.S. government’s regulatory body for civil aviation safety is the Federal Aviation Administration (FAA), an independent entity separate from the National Transportation Safety Board (NTSB). Additionally, to establish and review regulations, the FAA has an enforcement department that works to ensure compliance.
The independent federal agency, the National Transportation Safety Board (NTSB), is responsible for investigating every civil aviation accident in the country. Its legal authority also includes trains, buses, and other vehicle accidents. The NTSB’s attribution is also to: