X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Thu, 20 Nov 2008 19:50:23 -0500 Message-ID: X-Original-Return-Path: Received: from misav08.sasknet.sk.ca ([142.165.20.172] verified) by logan.com (CommuniGate Pro SMTP 5.2.10) with ESMTP id 3309575 for lml@lancaironline.net; Thu, 20 Nov 2008 14:50:09 -0500 Received-SPF: none receiver=logan.com; client-ip=142.165.20.172; envelope-from=hjjohnson@sasktel.net Received: from bgmpomr1.sasknet.sk.ca ([142.165.72.22]) by misav08 with InterScan Messaging Security Suite; Thu, 20 Nov 2008 13:49:33 -0600 Received: from sasktel.net ([192.168.234.97]) by bgmpomr1.sasknet.sk.ca (SaskTel eMessaging Service) with ESMTP id <0KAN00GRODQLLWG0@bgmpomr1.sasknet.sk.ca> for lml@lancaironline.net; Thu, 20 Nov 2008 13:49:33 -0600 (CST) Received: from [192.168.234.25] (Forwarded-For: [24.72.101.251]) by cgmail1.sasknet.sk.ca (mshttpd); Thu, 20 Nov 2008 13:49:33 -0600 X-Original-Date: Thu, 20 Nov 2008 13:49:33 -0600 From: H & J Johnson Subject: Re: [LML] Re: Any liability lawsuits? X-Original-To: Lancair Mailing List X-Original-Message-id: <6f0887b6c5e5.49256aed@sasktel.net> MIME-version: 1.0 X-Mailer: Sun Java(tm) System Messenger Express 6.1 HotFix 0.20 (built Feb 27 2006) Content-type: text/html; charset=us-ascii Content-language: en Content-transfer-encoding: 7BIT Content-disposition: inline X-Accept-Language: en Priority: normal

Robert I've often pondered this. What if you sold the aircraft as 'un-airworthy'

w/ the cavate that the buyer would have to do a complete inspection to deem it airworthy again..

 

If they certify it as airworthy, wouldn't that remove the responsibility from the seller to the buyer?

 

Curious...

Jarrett  Johnson [ I know very little about "lawyering".... ]

 

> A well known Lancair pilot and lawyer once told me that when suing
> overan 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. 
>
> Nevertheless I recently accepted the risk and sold my GlaStar to a
> luckyguy 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! 
>
> Robert M. Simon
> ES-P N301ES
>
> ________________________________
>
> From: vtailjeff@aol.com [vtailjeff@aol.com]
> 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
>
>
> 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?
>
>