Passenger liability waiver? who has one to copy?

flyboy1963 · #1 07-21-2011, 03:41 PM

I couldn't quite find this info elsewhere in the forum threads.....

1. I have the young eagles waiver form, and one from COPA for Kids, just wondering if anyone has a nice clean one where I can 'insert name here' and cover my butt a little!

2. where do you leave this after the passenger signs it?
certainly no good in the aircraft!....I'll have to stash mine in my yard box next to the tie-down. I guess the hangar guys have it made, they can pin up on the wall until they return.

3. is it good for more than one flight?...or can it be construed as on-going once signed?

Kahuna · #2 07-21-2011, 04:06 PM

In a case where you do not have someone on site to take them for you, it should be given to an FBO as an example, in a pre-paid envelope, to be mailed(not to you of course) in the case of your demise.

THis is a common procedure used in several arenas. An example is Angel Flights. We pick up passengers, make em sign, hand to FBO to mail, and off we go.

These forms are available all over the web via a google search. Whether or not the language works in your jurisdiction is up to you.

Brantel · #3 07-21-2011, 05:05 PM

The learn to fly day/EAA website has a real nice form for this...
http://www.eaa.org/chapters/resource...ult_waiver.pdf

APACHE 56 · #4 07-21-2011, 06:11 PM

I had the same issue some 20 years ago and went to an Orlando airshow performer/lawyer who told me "they weren't worth the paper they were written on" but he'd be glad to take my money and compose one for me. He explained that your passenger cannot sign away the rights of an interested third party. So your estate could be sued, the Hold Harmless paper notwithstanding. Perhaps the laws have changed but I doubt it. I recommend you seek advice from an attorney in your state that specialises in asset/estate protection.
I sought advice from one such attorney and he said (in very condensed terms) "get at least a million dollar liability policy; get anything that can hurt someone (e.g., water craft, aircraft, automobile) in one persons name only; put you paper assets (e.g., saving account etc) in both yours and your wifes name." That is specific to Florida, your state is likely to be different.
Conclusion: If you are worried go ask a pro. Lawyers are much more affordable before an incident than after.
Don

SteveinIndy · #5 07-21-2011, 06:21 PM

One of my lawyer friends suggested putting the aircraft into the possession of an LLC in addition to the previously recommended insurance, etc.

kevinh · #6 07-21-2011, 06:21 PM

Quote:

Originally Posted by Brantel

The learn to fly day/EAA website has a real nice form for this...
http://www.eaa.org/chapters/resource...ult_waiver.pdf

Great resource (and I agree with the disclaimers listed above). I've slightly modified it and (temporarily) shared it with the web. To save others from the effort of converting the PDF to text you can copy from the following webpage into your favorite text editor:

google extract

(I'm not a lawyer, my edits might be mistakes. no promises. etc...)

LifeofReiley · #7 07-21-2011, 07:18 PM

One good thread to have here!

Thanks!

Sid Lambert · #8 07-21-2011, 07:27 PM

Insurance companies love when you make passengers sign waivers to ride in an aircraft they insure. If you crash and kill them then the insurance company doesn't have to pay them anything and then their family can sue your family.

LifeofReiley · #9 07-21-2011, 07:31 PM

Quote:

Originally Posted by Sid Lambert

Insurance companies love when you make passengers sign waivers to ride in an aircraft they insure. If you crash and kill them then the insurance company doesn't have to pay them anything and then their family can sue your family.

Not that cut and dry anymore... really depends on the final draft of the document.

dmaib · #10 07-21-2011, 07:49 PM

Quote:

Originally Posted by APACHE 56

I had the same issue some 20 years ago and went to an Orlando airshow performer/lawyer who told me "they weren't worth the paper they were written on" but he'd be glad to take my money and compose one for me. He explained that your passenger cannot sign away the rights of an interested third party. So your estate could be sued, the Hold Harmless paper notwithstanding. Perhaps the laws have changed but I doubt it. I recommend you seek advice from an attorney in your state that specialises in asset/estate protection.
I sought advice from one such attorney and he said (in very condensed terms) "get at least a million dollar liability policy; get anything that can hurt someone (e.g., water craft, aircraft, automobile) in one persons name only; put you paper assets (e.g., saving account etc) in both yours and your wifes name." That is specific to Florida, your state is likely to be different.
Conclusion: If you are worried go ask a pro. Lawyers are much more affordable before an incident than after.
Don

I got the same advice from an attorney several years ago. "Not worth the paper they are written on" is just about exactly what I was told.