X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Fri, 21 Nov 2008 18:27:41 -0500 Message-ID: X-Original-Return-Path: Received: from [64.12.143.101] (HELO imo-m13.mail.aol.com) by logan.com (CommuniGate Pro SMTP 5.2.10) with ESMTP id 3310099 for lml@lancaironline.net; Thu, 20 Nov 2008 20:41:16 -0500 Received: from Sky2high@aol.com by imo-m13.mx.aol.com (mail_out_v39.1.) id q.d61.3aa8b2a6 (39952) for ; Thu, 20 Nov 2008 20:41:15 -0500 (EST) From: Sky2high@aol.com X-Original-Message-ID: X-Original-Date: Thu, 20 Nov 2008 20:41:15 EST Subject: Re: [LML] Re: Any liability lawsuits? X-Original-To: lml@lancaironline.net MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="-----------------------------1227231675" X-Mailer: AOL 9.1 sub 5000 X-Spam-Flag:NO -------------------------------1227231675 Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit Jarrett, I like that logic............... Grayhawk In a message dated 11/20/2008 6:50:57 P.M. Central Standard Time, hjjohnson@sasktel.net writes: 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? > > -- For archives and unsub http://mail.lancaironline.net:81/lists/lml/List.html **************One site has it all. Your email accounts, your social networks, and the things you love. Try the new AOL.com today!(http://pr.atwola.com/promoclk/100000075x1212962939x1200825291/aol?redir=http://www.aol.com/?optin=new-dp %26icid=aolcom40vanity%26ncid=emlcntaolcom00000001) -------------------------------1227231675 Content-Type: text/html; charset="US-ASCII" Content-Transfer-Encoding: quoted-printable
Jarrett,
 
I like that logic...............
 
Grayhawk
 
In a message dated 11/20/2008 6:50:57 P.M. Central Standard Time,=20 hjjohnson@sasktel.net writes:
<= FONT=20 style=3D"BACKGROUND-COLOR: transparent" face=3DArial color=3D#000000 size= =3D2>

Robert I've often pondered this. What if you sold the aircraft=20= as=20 'un-airworthy'

w/ the cavate that the buyer would have to do a complete inspec= tion=20 to deem it airworthy again..

 

If they certify it as airworthy, wouldn't that remove the=20 responsibility from the seller to the buyer?

 

Curious...

Jarrett  Johnson [ I know very little about "lawyering"...= .=20 ]

 

> A well known Lancair pilot and lawyer once told me that when suing= =20
> overan issue "You leave no empty chairs" .  So if you produc= ed=20 the
> kit, any
> component on the aircraft, performed any=20 construction or maintenance,
> fueled the aircraft, fed the pilot,=20 housed him the night before, etc.
> etc. etc. then you should expec= t to=20 be included in any lawsuit. 
>
> Nevertheless I recentl= y=20 accepted the risk and sold my GlaStar to a
> luckyguy in=20 Australia.  The good thing is that the wings were
> removed fo= r=20
> crating, putting the disassembly guy and the reassembly guy
&= gt;=20 between me
> and the flying aircraft.  Would that keep my name= out=20 of a
> lawsuit?  Not
> a chance, but it would make the=20 plaintiff's case a bit tougher.  Tough
> cases tend to get dro= pped=20 or settled for little, just enough to
> pay the
> plaintiff'= s=20 lawyer fees! 
>
> Robert M. Simon
> ES-P N301ES=20
>
> ________________________________
>
> From:= =20 vtailjeff@aol.com [vtailjeff@aol.com]
> Sent: Thursday, November 20= ,=20 2008 12:41 AM
> To: lml@lancaironline.net
> Subject: Re: [LM= L]=20 Any liability lawsuits?
>
>
> Yes, several that I kno= w=20 of.....you can be sued if you built it,
> maintained, overhauled it= ,=20 designed it. Yes, you can even be sued
> if you
> part it ou= t.=20 Wan't to minimize being sued? Jeff
>
>
> Question, ha= s=20 anyone to your knowledge actually been involved in
> a lawsuit of t= his=20 nature?
> ----Original Message-----
> From: Bob Smiley=20 rsmiley2@centurytel.net
>
>
> I am aware that when we= =20 build our own experimental aircraft, we become
> the=20 manufacturer.  This subjects us to a product liability
> expos= ure=20 for
> fifteen years after the first date of sale.  Question, h= as=20 anyone to
> your knowledge actually been involved in a lawsuit of t= his=20 nature?
>
>

--

For archives and unsub http://mail.lancaironline.net:81/lists/lml/List.html<=
/PRE>




One site=20= has it all. Your email accounts, your social networks, and the things yo= u love. Try the new AOL.com today!
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