Mailing List lml@lancaironline.net Message #12213
From: Robert Smiley <rsmiley@tscnet.com>
Subject: Re: personal liability
Date: Wed, 6 Feb 2002 18:01:32 -0700
To: <lancair.list@olsusa.com>
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Jim,

I was told that a waiver from the occupant does no good.  Why you ask? First
of all it doesn't matter what he or you do or care.  You are both six feet
under.  What really matters is the relatives who are alive and what they do.
You see, your passenger cannot waive the rights of his/her spouse or heirs.
They must each sign a waiver and in the case of the kids who are underage,
they cannot sign a waiver so a trustee or guardian must sign for them.  Gets
pretty cumbersome to protect your ASS-ets from attachment if you bore a hole
in the ground.  They will come after your estate to replace the loss of
income and security your passenger provided to his/her  family.  That is
where the rubber hits the road.   What is the worth of a soul?  I cannot
determine that answer. The Lord says the worth of a soul is great in the
eyes of God. But what is the worth of a life?  that can be determined by
actuarial study and dependent upon his/her occupation, age, etc. that number
can be staggering.  I would assume a widowed spouse with three children
would have great needs to be met and without the prime wage earner to
provide for those needs they would need some compensation.  Does that make
sense? I would hope my spouse and chldren would be cared for after my demise
from a "Mistake by another party". Sooooooo we still takes our risk for the
love of the sport.


Bob Smiley






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