X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Thu, 20 Nov 2008 11:51:07 -0500 Message-ID: X-Original-Return-Path: Received: from [70.62.14.124] (HELO server1.USTEK) by logan.com (CommuniGate Pro SMTP 5.2.10) with ESMTP id 3308923 for lml@lancaironline.net; Thu, 20 Nov 2008 08:37:08 -0500 Received-SPF: none receiver=logan.com; client-ip=70.62.14.124; envelope-from=r.simon@ustek.com MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----_=_NextPart_001_01C94B15.90DD6196" Subject: RE: [LML] Any liability lawsuits? Content-class: urn:content-classes:message X-MimeOLE: Produced By Microsoft Exchange V6.5 X-Original-Date: Thu, 20 Nov 2008 08:40:34 -0500 X-Original-Message-ID: In-Reply-To: X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Topic: [LML] Any liability lawsuits? Thread-Index: AclLFZB/VGpV8eq9TPuxBt1/BtUu1w== From: "Lancair" X-Original-Sender: "Robert Simon" X-Original-To: , This is a multi-part message in MIME format. ------_=_NextPart_001_01C94B15.90DD6196 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: quoted-printable A well known Lancair pilot and lawyer once told me that when suing over an issue "You leave no empty chairs" . So if you produced the kit, any component on the aircraft, performed any construction or maintenance, fueled the aircraft, fed the pilot, housed him the night before, etc. etc. etc. then you should expect to be included in any lawsuit. =20 =20 Nevertheless I recently accepted the risk and sold my GlaStar to a lucky guy in Australia. The good thing is that the wings were removed for crating, putting the disassembly guy and the reassembly guy between me and the flying aircraft. Would that keep my name out of a lawsuit? Not a chance, but it would make the plaintiff's case a bit tougher. Tough cases tend to get dropped or settled for little, just enough to pay the plaintiff's lawyer fees! =20 =20 Robert M. Simon ES-P N301ES ________________________________ From: vtailjeff@aol.com [mailto:vtailjeff@aol.com]=20 Sent: Thursday, November 20, 2008 12:41 AM To: lml@lancaironline.net Subject: Re: [LML] Any liability lawsuits? Yes, several that I know of.....you can be sued if you built it, maintained, overhauled it, designed it. Yes, you can even be sued if you part it out. Wan't to minimize being sued? Jeff Question, has anyone to your knowledge actually been involved in a lawsuit of this nature? ----Original Message----- From: Bob Smiley rsmiley2@centurytel.net =09 I am aware that when we build our own experimental aircraft, we become the manufacturer. This subjects us to a product liability exposure for fifteen years after the first date of sale. Question, has anyone to your knowledge actually been involved in a lawsuit of this nature? =20 ------_=_NextPart_001_01C94B15.90DD6196 Content-Type: text/html; charset="us-ascii" Content-Transfer-Encoding: quoted-printable

A well known Lancair pilot and lawyer once = told me that=20 when suing over an issue "You leave no empty chairs" . = So if you=20 produced the kit, any component on the aircraft, performed any = construction or=20 maintenance, fueled the aircraft, fed the pilot, housed him the night = before,=20 etc. etc. etc. then you should expect to be included in any = lawsuit. =20

Nevertheless I recently accepted the risk and = sold my=20 GlaStar to a lucky guy in Australia. The good thing is that the = wings were=20 removed for crating, putting the disassembly guy and the reassembly guy = between=20 me and the flying aircraft. Would that keep my name out of a=20 lawsuit? Not a chance, but it would make the plaintiff's case a = bit=20 tougher. Tough cases tend to get dropped or settled for = little, just=20 enough to pay the plaintiff's lawyer fees!

Robert M. Simon

ES-P N301ES

From: vtailjeff@aol.com=20 [mailto:vtailjeff@aol.com]
Sent: Thursday, November 20, 2008 = 12:41=20 AM
To: lml@lancaironline.net
Subject: Re: [LML] Any=20 liability lawsuits?

Yes, several that I know of.....you can be sued if you built = it,=20 maintained, overhauled it, designed it. Yes, you can even be sued if you = part it=20 out. Wan't to minimize being sued? Jeff

Question, has anyone to your = knowledge actually=20 been involved in a lawsuit of this nature?

----Original Message-----
From: Bob Smiley rsmiley2@centurytel.net

I am aware that when we build our own = experimental=20 aircraft, we become the manufacturer. This subjects us to a = product=20 liability exposure for fifteen years after the first date of sale. = Question, has anyone to your = knowledge actually=20 been involved in a lawsuit of this nature?

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