Question

Yankee owns a 20-year-old general aviation airplane. His airplane is involved in an accident, and Yankee believes the airplane is defectively designed. He sues the manufacturer on a strict-liability cause of action. Under GARA, Yankee's lawsuit:

A. Is barred because the aircraft is over 18 years old.
B. Is allowed because GARA does not apply to general aviation aircraft.
C. Must go through arbitration before proceeding to court.
D. Is automatically dismissed.

Answer 1

D. Is automatically dismissed.

Under GARA, Yankee's lawsuit is not automatically dismissed based on the age of the aircraft.

Step-by-step explanation:

Under the General Aviation Revitalization Act (GARA), Yankee's lawsuit is allowed to proceed despite the age of his airplane. The GARA does not bar lawsuits based on the age of the aircraft.

Instead, GARA provides protections for manufacturers of general aviation aircraft by limiting liability for accidents that occur more than 18 years after the aircraft's delivery.

To clarify, option A is incorrect because the age of the airplane does not automatically bar the lawsuit. Option B is also incorrect as GARA applies to general aviation aircraft. Option C is incorrect because there is no requirement for arbitration before proceeding to court. Therefore, the correct answer is D. The lawsuit is not automatically dismissed.