Liability

flyboy · #1 01-23-2006, 01:36 PM

If I build a Vans, fly it for a year, then sell it, what is my liability? If someone crashes because I might have missed a couple of rivets, am I liable?

Mel · #2 01-23-2006, 02:05 PM

Short answer, YES! If something happens that can be traced to your negligence, then you would be liable, and rightly so. You are the manufacturer and your name remains with the airplane for its' entire life. Now, having said that, to my knowledge, no builder has ever been successfully sued over this. It all comes down to the "deep pocket" theory and most builders don't have the deep pockets that lawers are looking for.
Mel...DAR

gpiney · #3 01-23-2006, 02:11 PM

This subject comes up alot on a number of forums.

To date, no homebuilder has been sued.

Unless your net worth is in the BaZillions, you never will.
Lawyers make the call, if there isn't enough money for them to go after, they won't. Remember, they get 1/3 of the settlement. High 7-digit minimum. These cases take years to settle or see court.

Having a liability waiver may help if the purchaser survives.
The waiver means nothing to a grieving family.

Still, no one hase been sued.

Greg Piney
RV-8 Gonnabe (Real Soon Now)
Setting up Shop
Purchased Tools (OUCH!)

Mel · #4 01-23-2006, 02:18 PM

I do know of a couple of cases where the builder was sued, but not successfully. Speaking of a liability waiver, always get one signed. At least it shows that you had warned the buyer. One little thing that I do is have the next of kin sign the waiver as witness. They are the ones likely to sue.
Mel...DAR

flyboy · #5 01-23-2006, 03:28 PM

Thanks, I was hoping someone would quote some law that said 'no case can be brought against an experimental builder' but there may be no law. It sounds like the deep pocket theory rules. Really it's like my favorite lawyer, Johnny Cochran, said, 'The color of justice is green.'

n468ac · #6 01-23-2006, 03:44 PM

I think you may lose if any of the following is found;

1. the lawyer can prove that you built for profit
2. you are an licensed A&P

I've heard from the EAA many builders have been sued (no one has yet to win against a homebuilder) ... but you still will have to fork out some cash to defend your self.

Sam Buchanan · #7 01-23-2006, 04:09 PM

Quote:

If I build a Vans, fly it for a year, then sell it, what is my liability? If someone crashes because I might have missed a couple of rivets, am I liable?

Not being an attorney, I have no idea how grounded the following article is in law, but it was written by an attorney and is interesting reading:

http://www.aviationlawcorp.com/conte...blt.html#myths

Be careful out there..............

Sam Buchanan

Davepar · #8 01-23-2006, 05:30 PM

You can tell it's written by a lawyer. An article about disclaimers that includes a disclaimer at the bottom. That's awesome. It seems like good advice, nonetheless. (This post is only an opinion written by somebody that's doesn't speak legalese.)

Dave

osxuser · #9 01-23-2006, 10:37 PM

What does having an A&P have to do with it? Just because you are a mechanic doesn't make you an better or worse manufactorer. I could see the proof of building for profit. But there is almost no way to PROVE that, otherwise the FAA wouldn't have certified the airplane in the first place.

flyboy · #10 01-24-2006, 07:14 AM

Those are some interesting ideas. I'm a long way from an A&P, but have been in the flying part professionally (paid to fly) for a long time. I bring the question because some of the Vans for sale are because of health reasons. If I build, then get poor health (or other interests) it would be nice to be able to sell the airplane without fear of losing all assets at a time when I have very little earning power due to age. However, it appears that the builder, me, would probably have the same liability that Cessna or Piper would, without the really deep pockets.