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Fred Kerfoot
Joined: 11 Jan 2006
Posts: 14
Location: Tampa, FL
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 Posted: Thu Apr 02, 2009 2:33 am Post subject: Fear of Liability |
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Imagine where we be today if Homer had been afraid of being sued for designing a "dangerous" airplane.
Don't expect any improvement in the legal system from Mister Obama. Just remember after all he is C first C foremost and above all else C a lawyer
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Fred K
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mdnanwelch7(at)hotmail.co
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| Posted: Thu Apr 02, 2009 5:02 am Post subject: Fear of Liability |
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>Do Not Archive
>Imagine where we be today if Homer had been afraid of being sued for designing a "dangerous" >airplane.
>Fred K
Hi Fred C
Haven't heard from you before. Hi.
Good point regarding Homer designing a plane and trying to sell his design. It's important to note C however C that because of the (present) freedom we have in this country C we can build an airplane ourselves C and fly this airplane C with few restrictions.
The "homebuilt pioneers" C like Paul Poberezny and many others C fought hard for us to have the right C that we have as Americans C can enjoy under Experimental Category Aircraft rules. (some could claim we have always had the right!!!)
I don't think Homer should have much to fear C even in this day and age of litigation happy people C if he decided to design another plane today C and sell it. He is C after all C just designing something and supplying a few pre-made parts. This is the point of the 51% percent rule.
More than HALF of the plane must be built by the owner. This greatly frees the "designer" from virtually all fault in a poorly built airplane.
All a designer would have to prove in court is there are lots of his (same) designed aircraft flying all over the place C quite successfully. This would lay all the blame back on the guy who crashed the plane. It will in 99.99999% of the time C show the builder or pilot is truly at fault! (who C invariably C ran out of gas C used wrong bolt C flew into electric wires C put part in backwards and upside down C landed in 55mph crosswind C something leaked C etc C etc C etc)
I have no doubt Homer fully tested all the components that were to be included in his kits. Boom tube thickness engineered for maximum torque at 6+ Gs C fittings welded to withstand maximum forces C etc. He intended his design to accomplish a certain mission. Not building C or flying the plane C within these limits generally releases him from liability.
I have made a few design changes to my plane (MkIII Classic). I have the freedom to do that. It's MY plane!!! I do C however C accept that these changes better be good enough to retain the original safety standards. I believe they do.
Even in today's world C a designer could still come up with a sensible design. Build it. Thoroughly test it C on the ground and in the air. Supply engineering calcs. Insure all products he makes are of the utmost quality. Sell the kits!!
Experimental Category Aircraft rules....enjoy it while the offer lasts!
Mike Welch
MkIII
Quick access to your favorite MSN content and Windows Live with Internet Explorer 8. Download FREE now! [quote][b]
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russ(at)rkiphoto.com
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| Posted: Sat Apr 04, 2009 4:54 am Post subject: Fear of Liability |
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All this talk about product liability -- remember Thuman Munson ? He
bought a Cessna Citation 501, and was killed in it.
As I recall Cessna had to pay his estate 22 million!
The Citation is a well-proven design, it certainly was NOT Cessna's
fault -- but they still had to pay.
The lawyers always go after the deepest pockets they can find (we
should be pretty safe!) and it becomes a contest to see which side
can find the hungriest lawyers.
A sorry state of affairs. What's happened to our country?
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DAquaNut(at)aol.com
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| Posted: Sat Apr 04, 2009 7:35 am Post subject: Fear of Liability |
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In a message dated 4/4/2009 7:54:54 A.M. Central Daylight Time, russ(at)rkiphoto.com writes:
| Quote: | | A sorry state of affairs. What's happened to our country? |
Can you spell GREED!!!!!
Feeling the pinch at the grocery store? Make dinner for $10 or less.
[quote][b]
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