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Date: Thu, 20 Nov 2008 11:51:07 -0500
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From: mmcmanus@grandecom.net
Subject: Re: [LML] Re: Any liability lawsuits?
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Bob,
I hate this question or even the thought of it. First, I'm not a lawyer and
don't even play one on TV, but the idea of doing this is pretty sad unless you
know there are deficiencies on the airplane that cannot be corrected.

I realize that the builder, aka manufactuer, takes on certain responsibilities,
but even with a Cessna, if I sell it and the buyer takes it home and crashes
it...the widow will still sue me...regardless of whether I had anything to do
with the crash.  It's a fact of life in America. Although it was never stated
explicitly, I think this is the reason that Richard Collins parted out his P210
rather than selling it. (I wrote an email to "Flying" with the same position
about parting out an airworthy airplane.)

Cutting up or even parting out an airplane just because of liability is, to me,
a terrible thing.  Come up with the tightest waiver you can between you and the
buyer (like ones used for skydiving for example), sell it to a responsible
buyer, and then forget about it (and maybe keep your fingers crossed).

I know this is an emotional response to an objective situation. But it's a sad
thing to lose an airplane this way.
Matt McManus
Lnc2 360

> -----Original Message-----
> From: Bob Smiley <rsmiley2@centurytel.net>
> To: lml@lancaironline.net
> Sent: Wed, 19 Nov 2008 5:50 pm
> Subject: [LML] Any liability lawsuits?
>
>
>
> 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?
>
> ?
>
> I have a beautiful 360 with all the bells and whistles with a strong engine
> 330 hrs SMOH and prop 12 hrs SMOH and I am considering parting it out or
> selling the whole bird.? Any ideas?? I need to be convinced that there is no
> risk in selling the bird as a complete airframe.
>
> ?
>
> Doug Bartells, do you have an answer for this question?
>
> ?
>
> Bob Smiley
>
> N94RJ
>
>