Liability?

[Jeff Vaughan]

A good friend of mine died before finnishing his Fisher Avenger airplane. His wife contacted me today and asked me about helping her figure out what to do with the 95% finished project. She was concerned about the liability of selling it. Would the liability extend back to her? I would not think it would but in this crazy litigious world we live in ... you never know.

I am also exploring other options for her like donating to a school etc.
Anyone have any ideas what organizations might want to finish this project?

[Harold Lanfear]

Jeff,
If you are an AOPA member, they have a Legal plan that allows you to ask that type of question - its about $25 a year and its worth having these days. The Commercial Pilot version is $54 now.

Also the EAA has a 'typical' sales agreement that would be worth looking at. I'm getting ready to sell the Kitfox and used it as the basis. This won't answer the basic question you asked, but may still be useful.

Before she donates it, she at least should consult an Aviation Attorney (AOPA maintains a list). Non-aviation attorneys don't know 'squat' about aviation-related precedents and law. If the aircraft is in decent shape it could be worth some real bucks. If it has an engine or any avionics, they could could sold separately without any liability.

By the way, I live it West Grove, near New Garden Airport, come down and visit sometime. My -8 will be done in a year or two. Harold

[pierre smith]

Originally Posted by Jeff Vaughan

A good friend of mine died before finnishing his Fisher Avenger airplane. His wife contacted me today and asked me about helping her figure out what to do with the 95% finished project.

.......since it has no airworthiness cert or license?

Regards,

[N395V]

Unless she is exceedingly wealthy no one is going to sue her.

Take some pics and sell it on e bay

[JDRhodes]

Originally Posted by N395V

Unless she is exceedingly wealthy no one is going to sue her.

I agree. Isn't it sad that in our society, liability is assigned based not on whether you did something wrong, but rather it is assigned based on how much someone might be able to get from you.

[BigSky]

Just so you know, I'm not a lawyer so this is just some friendly advice.

First get the contract in writing. Next include the language "AS IS" or "WITH ALL FAULTS." Make that language prominent on the contract (like a bolded heading with all caps or something along those lines). This gets rid of all implied warranties that are made.

Next, She just needs to NOT give any express warranties. Express warranties are where she would say verbally or include in the contract terms something like: "You could fly this right now" or "the wings will hold up to X amount of G-forces." There is a fine line between express warranties and "puffing." "Puffing" is basically hyping up the product. She can do that without incurring liability. An example of that would be "Mostly complete!", or "this is a great deal!"

Basically tell the truth and don't lie, and she should be good. (Just remember to get the contract in writing and include the language "as is" in the contract)

As to negligence liability: she needs to act as the reasonable and prudent person would act. So basically, don't lie, cheat, hide things that the buyer should know about.

But am with the above, I would get in touch with the AOPA legal services. It is worth the 25-50 bucks, especially for a $15,000-$100,000 item. The above is just some general info. AOPA will probably have a pre drafted contract along with advice.

[frankh]

I looked into this at some length when selling my last airplane. The conclusion I came up with is no matter what you write down you can still be sued...the fact that her Husband built it still leaves her on the hook.

The other awful truth is if somebody decided to sue it will cost you almost as much to defend yourself..You have the option of countersuing I guess...

Now the likelyhood of somebody suing is remote, unless as someone else pointed out she is very wealthy. The plaintiff's lawyer would point out that the likelyhood of winning is remote, especially with a very well written liability realease/contract...So the Plaintiff's would have to risk significant funds in sueing.

Basically a liability release/contract is a deterrent agianst somebody suing you...There is basically no absolute guarantee they won't however.

I have a friend who point balnk refuses to take anyone (not even me) for a ride in his archer..His Wife is his IFR safety pilot and no one else gets in..Period.

How sad is that?...

Frank