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Author Topic: Liability for anything.  (Read 7384 times)

Offline scottiniowa

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Liability for anything.
« on: January 09, 2016, 11:56:16 AM »
With great respect for what Sam B has done in the past, and I would certainly honor any choice of his.  It brought up a conversation that I had just last week.

Friend A-  "I have this unregistered airstrip, that ultralight friends use from time to time." and " they come in and land slow and with lots of room" (3-4 times in length of what they need) 

But "now there are larger aircraft landing without calling first, or even asking permission to use it"

So he is thinking-  Who is liable here?   when the larger aircraft piles into the trees at the end, or finds a badger hole that wrecks a $100K airplane and so on.

The simple answer is not-  Well you wouldn't loose, because they are trespassing!  it simply doesn't work anymore.
Why-
  • The court is more than willing to hear any case
  • the courts don't seem to toss out any frivolous cases anymore- (look at the hot coffee cases)
  • Right is right/wrong is wrong has almost no meaning today.
  • The court always wants to "figure out" via the court- What was intended? because, well simply, this propels the profession of the lawyers and the courts.
  • and apparently the strong belief of the courts- If your not guilty you won't mind spending every last dime defending yourself. Win or loose.

Some of the greatest aircraft designers of all time, quit not because they had bad designs, but for the cost to defend themselves from bad/dumb dare I say stupid people.  I have no answers, heck if I did, I might get sued because one of them might make someone feel bad. And so it goes.

Just a rant- but certainly willing to listen to any thoughts on it.
best email address:  irondesignairparts@gmail.com

Offline PropMan

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Re: Liability for anything.
« Reply #1 on: January 09, 2016, 06:13:20 PM »
I'd say get a backhoe . That's how we handle things here.
It never happened if there's no evidence. :emoji_u1f608:


But really, It just depends on your tolerance for risk. i have a 1300 ft strip(unregistered at this time) and land my RV6 and friends come in all types of planes. It's just a hayfield, land at your own risk. In Texas no individual can take my homestead. Anyone can sue for anything, don't let fear get in the way of your passion, Life is Too short. You come in the world with nothing, plan it just right so when you leave everything is used up.
Frank

Offline ParQld

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Re: Liability for anything.
« Reply #2 on: January 10, 2016, 03:39:28 AM »
Well put Frank !

Paul

Offline Tom XL-7

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Re: Liability for anything.
« Reply #3 on: January 10, 2016, 04:58:57 AM »
Before this tread is squashed I will add my two cents.
 I feel the loss of Sam's site. It was very well done and inspirational. Thank you Sam.
Scott's comments on the state of the courts and litigation is spot on.
And Frank's  risk taking idea is valid.
We all are interested in flying homebuilt aircraft.
There may be some level of risk right there. 
One of my insurance policies thinks so.

I understand the "EXPERIMENTAL" aspect of these aircraft.
As when you choose to fly one you are in command of everything.
From the weather to an unseen defect in a mechanical system.
Too bad everyone doesn't get it. For many in society today it is always someone else to blame.
It we take the same parts and send them to ten people with a photo and no further instruction or tools
It should not surprise anyone if serious defects appear in the finished products.

I wish the site was still there but I have to respect Sam's decision to do what he wants with his property.

Tom XL-7

Offline Bob S.

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Re: Liability for anything.
« Reply #4 on: January 10, 2016, 04:41:48 PM »
I guess THIS is part of what Sam is worried about??

http://www.ebay.com/itm/141837667631?_trksid=p2055119.m1438.l2649&ssPageName=STRK%3AMEBIDX%3AIT

I doubt this guy got permission to use the photo....and why the deal was ended......
Bob Severance
LE Plans #64H
E038RS

Offline Bob S.

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Bob Severance
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Offline Sam Buchanan

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Re: Liability for anything.
« Reply #6 on: January 10, 2016, 05:30:43 PM »
I guess THIS is part of what Sam is worried about??

http://www.ebay.com/itm/141837667631?_trksid=p2055119.m1438.l2649&ssPageName=STRK%3AMEBIDX%3AIT

I doubt this guy got permission to use the photo....and why the deal was ended......


Bob, that was just the tip of the iceberg.............I will never again have an active website devoted to a vehicle I no longer own. The Eagle site is the third one I have decommissioned......

Offline Bob S.

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Re: Liability for anything.
« Reply #7 on: January 10, 2016, 05:43:05 PM »
So sorry, Sam...

It is a loss to all .....
Bob Severance
LE Plans #64H
E038RS

 

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