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10-31-2016, 06:22 AM
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Join Date: Feb 2015
Location: Locust Grove, GA
Posts: 621
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Fact versus rumor
We are about to take on another build project (RV-7A) while in the midst of building an RV-10. The RV-7A is a roller and could be completed fairly quickly.
The issue is "manufacturer" liability. Our intent is to "sell" the RV-7A to our son in a couple of years when the -10 is completed. The -10 will eventually be his as well. However, if he is not in a position to accept either airplane, we may then want to sell the plane(s).
I know of the fairly affluent individual that crushed his plane rather than sell it.
Is anyone aware of a documented case where an individual (the manufacturer of the plane) was successfully sued by another following an accident or incident involving a plane built by the "manufacturer". I know you can sue a ham sandwich, which is why I specifically asked about lawsuits that found the manufacturer liable.
Links to real cases would be very helpful.
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Krea Ellis
Locust Grove, GA
DA20-A1 "Princess Amelia" - gone home to Amelia Island
RV-7A Phase 2
RV-10 under construction at Synergy Air South
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10-31-2016, 06:43 AM
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Join Date: Jan 2005
Location: Tampa, FL
Posts: 2,861
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Also kind of depends on how you define "successfully". IIRC there have been out of court settlements (John Denver's crash comes to mind).
In any event I think the probability of a suit is low - lawyers tend to go after deep pockets. So I guess it all depends on your net worth and whether you feel you are at risk.
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Todd "I drink and know things" Stovall
PP ASEL-IA
RV-10 N728TT - Flying!
WAR EAGLE!
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10-31-2016, 07:57 AM
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Join Date: Oct 2009
Location: Victoria, BC, Canada
Posts: 3,932
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I can't say for the US, but I know there hasn't been one in Canada.
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Rob Prior
1996 RV-6 "Tweety" C-FRBP (formerly N196RV)
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10-31-2016, 09:49 AM
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Join Date: Nov 2006
Location: Savannah, GA
Posts: 1,029
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Remember that even a successful defense against a lawsuit can still cost you many thousands of dollars...
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RV-7ER - finishing kit and systems installation
There are two kinds of fool in the world. The first says "this is old, and therefore good"; the second says "this is new, and therefore better".
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10-31-2016, 09:55 AM
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Join Date: Feb 2015
Location: Locust Grove, GA
Posts: 621
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Quote:
Originally Posted by rmartingt
Remember that even a successful defense against a lawsuit can still cost you many thousands of dollars...
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Thanks. I am aware of that and have an umbrella liability policy for that reason.
As with most insurance against liability, it needs to be big enough so that the insurance company will vigorously defend you and make the potential litigant think twice about suing.
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Krea Ellis
Locust Grove, GA
DA20-A1 "Princess Amelia" - gone home to Amelia Island
RV-7A Phase 2
RV-10 under construction at Synergy Air South
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10-31-2016, 10:12 AM
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Join Date: Jan 2005
Location: 57AZ - NW Tucson area
Posts: 10,011
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Quote:
Originally Posted by KatanaPilot
Thanks. I am aware of that and have an umbrella liability policy for that reason.
As with most insurance against liability, it needs to be big enough so that the insurance company will vigorously defend you and make the potential litigant think twice about suing.
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Does your umbrella liability insurance cover aviation items? Some do not...
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Gil Alexander
EAA Technical Counselor, Airframe Mechanic
Half completed RV-10 QB purchased
RV-6A N61GX - finally flying
Grumman Tiger N12GA - flying
La Cholla Airpark (57AZ) Tucson AZ
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10-31-2016, 12:21 PM
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Join Date: Jun 2011
Location: Indianapolis
Posts: 228
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Selling a Homebuilt
How about the bill of sale that states that you sold "Miscellanious Aircraft Parts" to someone, even if they jump right in it and fly it home?
You can always say that "I just sold him parts" he must have not put them together right.
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Larry Anderson
Indianapolis
RV-Super 8 N88XT SOLD
RV-10 QB N38LA Flying
Helicopter Instructor Pilot
Standardization I.P.
Instrument Examiner
U.S. Army Retired
EMS Pilot for LifeLine
At IU Health Retired :-)
Although Exempt,
Donated for 2020
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10-31-2016, 12:38 PM
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Join Date: Dec 2007
Location: Dogwood Airpark (VA42)
Posts: 2,596
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I've sold two RVs and used the EAA sales contract format - and recommend it for anyone selling an RV.
As we venture further into the nanny state, the rule of "anyone can sue anyone for any reason at anytime" becomes more prevalent. I strongly recommend you know the person you are selling to as this is, in my opinion, a good mitigation against unforeseen consequences.
Carl
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10-31-2016, 12:53 PM
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Join Date: Dec 2009
Location: Montreal
Posts: 1,456
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It is just as likely, if not more so that you would be sued by the purchaser's family. Unless they signed some sort of waiver, which is almost never the case, getting a buyer to sign something ain't worth spit. You can't really eliminate the risk. All you can do is manage it by building and maintaining the airplane well and selling it to a person who is competent. Or you can part he airplane out.
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Scott Black
Old school simple VFR RV 4, O-320, wood prop, MGL iEfis Lite
VAF dues 2020
Instagram @sblack2154
Last edited by sblack : 11-01-2016 at 11:51 AM.
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10-31-2016, 01:04 PM
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Join Date: May 2015
Location: Tenino, WA
Posts: 17
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It's the attorneys for passengers along for the ride with the new owner that worries me more.
http://www.vansairforce.com/communit...d.php?t=130797
(Not to revive that thread or discussion, just illustrate the point.)
__________________
Chris Michalak
Tenino, WA (KOLM - Olympia, WA)
RV-8: QB Wings
N828CM - Reserved
EAA Lifer
2017 VAF dues happily paid
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