Legal issues of flying passengers and selling your RV
Skyhook said:
'Experimental' sign we all should include 'No Riders'??
((Sigh..)
Yes we all can be sued for giving rides or anything for that matter, AND you are completely right not to give rides if you feel you are putting your self at risk, legally. However you have legal risks driving people in your car or flying someone in a Cessna. Again it is your choice not to give rides. The fact is if someone is killed in your plane, the survivors will sue you, not the passenger, even if the passenger knew and accepted the risk.
?Bolierplate? exemptions. From a www site link below:
Don't Expect (cookie cutter) "Boilerplate" Disclaimers to (always) Work
It is important to understand that if anyone hopes to successfully use an exculpatory agreement to cut off a serious injury or death claim, it must be carefully drafted by an attorney knowledgeable in this area and should be customized for the particular operation involved. Thus, "cookie cutter" form agreements that one pilot has copied from another pilot, who got it from a friend, after it was prepared by a lawyer for a different circumstance, are not likely to be honored by the courts.
Anyone who uses "personal injury and death disclaimer" should anticipate that a plaintiff's attorney will scrutinize the document and the circumstances in which it was used to argue that the victim didn't understand what he was giving up. Trial courts and appellate courts will scrutinize the "disclaimer" before enforcing such agreements because it may mean dismissing somebody's million-dollar wrongful-death suit.
There is no guarantee that an exculpatory agreement would be upheld by any particular court; however,
there is in incidental benefit to using such exculpatory agreements between sellers and buyers and between pilot owners and passengers. An attorney who takes on the case of a victim against a homebuilder or a pilot must seriously consider the risk that the exculpatory agreement will be enforced by the court and that the case will be thrown out. Thus, a lack of substantial assets coupled with the existence of a well-written exculpatory agreement may mean the difference between a lawsuit and no lawsuit. Even if the lawsuit is filed, the case may be settled on much more negotiable terms if the defense lawyer has the ability to assert the exculpatory agreement against the plaintiff's claims.
I believe that exculpatory agreements are an ideal tool for the sellers of homebuilt aircraft to use with buyers and for the operators of homebuilt aircraft to use with passengers. Why shouldn't people be able to give up their right to sue if they knowingly and voluntarily assume a recreational risk?
I go by the fact I have a well built and maintained aircraft, I am a qualified, competent and current pilot, who will operate in a safe and prudent manner. If something happens it happens, it will not be for reckless, negligence or careless operations. I take my chances everytime I fly and will continue to do so as long as I can do it safely. I will also gladly share the joy or flight for those who ask and YES, I know I am taking my chance of getting sued. However I will look into getting an exculpatory agreement, why not. I don't give rides to everyone and pilots have to very careful allowing another pilot to fly their plane. Many a RV's have come to grief when the "guest pilot" had their hand on the wing removal stick or did a Split-S at high speeds.
PS: Here is a good aviaton legal site:
http://www.aviationlawcorp.com/content/liabhomeblt.html
Cheers George