The number of amateur-built aircraft in the United States is rising steadily, and these aircraft account for a disproportionate amount of general aviation fatalities. From a legal perspective, however, cases based on those fatalities are difficult to win, due to limited oversight of the design and construction of such aircraft and the general lack of insurance coverage in the experimental aviation sector. Unfortunately, injured victims and the families of those killed usually have little recourse after the crash of an amateur-built aircraft. Attorneys contemplating such cases would be wise to consider all the potential legal and practical obstacles before accepting such matters.
According to a July 26 news release on the Federal Aviation Administration’s website, the number of amateur-built planes in the United States has been increasing by about 4 percent annually over the past several years. Presently, amateur-built aircraft account for almost one-quarter of all general aviation fatalities, notes the release. That’s even though such aircraft comprise only about 10 percent of the general aviation fleet, according to a 2008 document on the FAA’s website listing registered inventory by category.
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