X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Wed, 19 Sep 2007 15:57:31 -0400 Message-ID: X-Original-Return-Path: Received: from mta3.srv.hcvlny.cv.net ([167.206.4.198] verified) by logan.com (CommuniGate Pro SMTP 5.1.12) with ESMTP id 2340191 for lml@lancaironline.net; Wed, 19 Sep 2007 14:21:15 -0400 Received-SPF: none receiver=logan.com; client-ip=167.206.4.198; envelope-from=barkerasset@earthlink.net Received: from OFFICE2004 (ool-44c6358d.dyn.optonline.net [68.198.53.141]) by mta3.srv.hcvlny.cv.net (Sun Java System Messaging Server 6.2-8.04 (built Feb 28 2007)) with SMTP id <0JOM006QCOA0XPD0@mta3.srv.hcvlny.cv.net> for lml@lancaironline.net; Wed, 19 Sep 2007 14:20:25 -0400 (EDT) X-Original-Date: Wed, 19 Sep 2007 14:20:29 -0400 From: Bob Barker Subject: Re: [LML] Homebuilt Liability X-Original-To: Lancair Mailing List X-Original-Message-id: <002201c7fae9$c277e5f0$6501a8c0@OFFICE2004> MIME-version: 1.0 X-MIMEOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 X-Mailer: Microsoft Outlook Express 6.00.2900.3138 Content-type: multipart/alternative; boundary="Boundary_(ID_yMt4nH8nbwV8DmiLJclXfA)" X-Priority: 3 X-MSMail-priority: Normal References: This is a multi-part message in MIME format. --Boundary_(ID_yMt4nH8nbwV8DmiLJclXfA) Content-type: text/plain; charset=Windows-1252 Content-transfer-encoding: 7BIT I personally know of two beautiful homebuilts that are no longer flying due to the liability problem. One was given to a museum with a binder that the plane not be flown. This provided a tax deduction for the builder/owner and allowed the museum to fly the plane legally albeit contrary to a civil agreement. The donor had neither means nor desire to enforce the agreement, but felt it protected him from liability in case it was flown. The other was a sad case of an executor of an estate advising heirs to cut up the plane and sell for scrap. The executor was probably correct in giving that advice considering his fiduciary duties. I love this country. but would love it a whole lot more if we had real tort reform. As someone else once said, it is 99% of the lawyers who give the rest a bad name. Bob B 2PZ --Boundary_(ID_yMt4nH8nbwV8DmiLJclXfA) Content-type: text/html; charset=Windows-1252 Content-transfer-encoding: 7BIT

I personally know of two beautiful homebuilts that are no longer flying due to the liability problem.

One was given to a museum with a binder that the plane not be flown. This provided a tax deduction for the builder/owner and allowed the museum to fly the plane legally albeit contrary to a civil agreement. The donor had neither means nor desire to enforce the agreement, but felt it protected him from liability in case it was flown.

The other was a sad case of an executor of an estate advising heirs to cut up the plane and sell for scrap. The executor was probably correct in giving that advice considering his fiduciary duties. I love this country. but would love it a whole lot more if we had real tort reform.

As someone else once said, it is 99% of the lawyers who give the rest a bad name.

Bob B 2PZ

--Boundary_(ID_yMt4nH8nbwV8DmiLJclXfA)--