Making time of the essence : a survey of the use of statutes of repose in general aviation litigation

• Main Author: Frazier, Peter A.
• Other Authors: Milde, Michael (advisor)
• Format: Others
• Language: en
• Published: McGill University 1998
• Subjects: Law.
• Online Access: http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21681

This thesis reviews the statutes of repose in force today in the United States and their influence on general aviation litigation. Chapter One will first consider the historical development of statutes of repose and the arguments for and against their use in products liability actions. Chapter One will then review the legislative history of the "General Aviation Revitalization Act of 1994" ("GARA") and identify the factors proffered for enacting a national statute of repose for the benefit of general aviation manufacturers. The remainder of this paper is intended to serve as a practitioner's guide by compiling and analyzing the various statutes of repose and the significant reported case law involving general aviation aircraft. Chapter Two will analyze the provisions of GARA and its related case law. Chapter Three will consist of an analysis of the individual state statutes of repose and their reported general aviation cases.