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  #71  
Old 07-08-2007, 06:37 AM
skelrad skelrad is offline
 
Join Date: Mar 2005
Location: Issaquah, WA
Posts: 146
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Quote:
Originally Posted by Steve Ashby
Sorry guys, Incorporating your aircraft will only take you so far. If it was your negligence that made the ship crash, then you are liable, even it the aircraft is owned by a corporation. Again, every situation is different. You can take definite steps to minimize your liability, but you cannot erase responsibility for a consequence proximately caused (a legal word there) by your negligence. Check with your own aviation attorney, your mileage may vary.
If the plane crashes because of my negligence, I deserve to be held responsible. But what I would be concerned about (and I think this is most builders' concern) is being hit with a ridiculous lawsuit when a crash has nothing to do with build quality and everything to do with pilot error. Unfortunately, grieving families may not see that distinction clearly and go after the builder/seller based on emotion rather than fact. That's what I want protection from. Maybe we can't ever have that protection. If that's the case, so be it. I guess we just have to throw the dice and hope for the best. It definitely won't keep me from building.

Brandon
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  #72  
Old 07-08-2007, 01:27 PM
SteinAir SteinAir is offline
 
Join Date: Feb 2005
Location: Minneapolis
Posts: 2,473
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Quote:
Originally Posted by skelrad
I'm not sure if you can do this, but can you create a corporation and simply employ yourself as the aircraft builder? When you sell the airplane, you close down the corporation. As an owner, your assets are protected, and as an employee, my guess is the corporation is ultimately responsible for your actions. I've never heard of someone suing a Cessna employee for a bad build job, but they'll go after the company who employs the builder (whether that's because that's where the money is or that's the only legal path they can take, I don't know). If you close down the corporation after the sale, what is there for the buyer to go after?

I obviously have no idea if you can structure it this way, but I've often wondered if this is a possibility.

Brandon
Quick answer is NOPE! Corporations cannot build experimental aircraft or be listed as the builder (at least when it comes to our single engine airplanes which are experimental amateur built - not R&D, etc..). They can own them and register them, but they can't build them. Using Cessna as an example is worthless....they are a corporation building planes under a type certificate.

It doesn't matter who owns the plane (corporation or otherwise), the manufacturer of the airplane is still a person - so no matter how you try to structure the sale through weird entities, the person who built it will always be the builder.

That's it - just my 2 cents as usual.

Cheers,
Stein.
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  #73  
Old 07-08-2007, 02:33 PM
Tony Spicer Tony Spicer is offline
 
Join Date: Dec 2005
Location: Wilmington, NC
Posts: 517
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1. Join EAA

2. Read this:

http://members.eaa.org/home/homebuil...agreement.html

3. Get an attorney.

4. Don't worry, be happy!

Tony
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  #74  
Old 08-09-2007, 06:58 PM
Marvin Marvin is offline
 
Join Date: Sep 2005
Location: Willits,Ca
Posts: 60
Question Product Liablity

How big is product liability?

I was interested in selling my home built until I started reading about ?Product Liability? Before I jump in the building community I was not totally aware how big a threat it is to a person. After reading up on the issue I am astonished to what can happen. I know the risk is low of ever being sued but what if? Does anybody have any stattistics on what the risk is?

My thinking is once a person sells and looses control of the airplane and how it is maintained. The risk goes up.

Some say have the buyer sign a Waiver but what if the original buyer sells and a new owner crashes and kills a person or two. They will come looking for the builder. It is like ringing a bell once it has been rung there is no un ringing it.

I would like hearing back on this subject

Marvin
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  #75  
Old 08-09-2007, 07:28 PM
Mel's Avatar
Mel Mel is online now
 
Join Date: Mar 2005
Location: Dallas area
Posts: 10,768
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Marvin,
This topic has been discussed for many years. Bottom line is You are always the builder of the airplane. No way around it. I get phone calls several times a year asking how the liability can be passed on. It just can't happen. The only way to get rid of the liability is to surrender the airworthiness certificate. Once this is done, it is no longer an airplane and can never be re-certified by anyone except you. If this bothers you, then don't sell. A signed waiver is a good idea but there are no guaranty it will help.
To my knowledge no home-builder has ever been successfully sued. Several have been sued, but not successfully. The biggest reason for this is probably the "deep pocket" theory. Most home-builders just don't have deep enough pockets to attract lawyers.
__________________
Mel Asberry, DAR since the last century.
EAA Flight Advisor/Tech Counselor, Friend of the RV-1
Recipient of Tony Bingelis Award and Wright Brothers Master Pilot Award
USAF Vet, High School E-LSA Project Mentor.
RV-6 Flying since 1993 (sold)
<rvmel(at)icloud.com>

Last edited by Mel : 08-09-2007 at 07:32 PM.
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