Mailing List lml@lancaironline.net Message #49580
From: H & J Johnson <hjjohnson@sasktel.net>
Sender: <marv@lancaironline.net>
Subject: Re: [LML] Re: Any liability lawsuits?
Date: Thu, 20 Nov 2008 19:50:23 -0500
To: <lml@lancaironline.net>

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?
>
>

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