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herbgh(at)nctc.com
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 Posted: Wed Oct 07, 2009 4:54 pm Post subject: Liability for selling your aircraft (was: Not Kolb related |
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Guess you are saying that a release from Liability document needs the
signature of all adult members of the buyers family.? Herb
At 07:48 PM 10/7/2009, you wrote:
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No matter what kind of release the buyer of an aircraft signs, the
family can still sue you. The buyer of an airplane may be able to
sign many of high rights away under the law, but he is NOT able to
sign the rights of other people away ( His family ). Those are the
ones that will sue you if something happens and the buyer is hurt or
killed, even with a rock solid Release of liability.
Bankruptcy laws have changed and made it much more difficult in the
last couple years, don't make the mistake of thinking that you can
just declare bankruptcy and get out of a lawsuit.
There are lots of things to think about, and there will always be a
friend that will pretend to know aviation law when he in fact does
not, and tell you that you will be OK with a release. I got the
above information from an aviation attorney.
Mike
--------
"NO FEAR" - If you have no fear you did not go as fast as
you could have !!!
Kolb MK-III Xtra, 912-S
Read this topic online here:
http://forums.matronics.com/viewtopic.php?p 67026#267026
Checked by AVG - www.avg.com
10/06/09 06:50:00
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pj.ladd(at)btinternet.com
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| Posted: Thu Oct 08, 2009 1:41 am Post subject: Liability for selling your aircraft (was: Not Kolb related |
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No matter what kind of release the buyer of an aircraft signs, the
| Quote: | family can still sue you. The buyer of an airplane may be able to sign
many of high rights away under the law, but he is NOT able to sign the
rights of other people away ( His family ). Those are the ones that will
sue you if something happens and the buyer is hurt or killed, even with a
rock solid Release of liability.
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As a well hated tennis player from your neck of the woods once said " You
guys cannot be serious" or similar.
If this sort of thing was enforced or even happened regularly all second
hand sales would cease. Cars, boats, bikes,go carts, chain saws, freezers,
power drills etc. The entire seconhand market would stop in its tracks. No
garage sales no e-bay no `wanted` adverts in the paper. No one would dare
sell anything.
That obviously has not happened from which I conclude that the risk exists
but in reality it is vanishingly small. Stories of people suing are
generally wildly exaggerated . They also only happen to ` a friend of mine
who knows someone who was sued`. It never happens to you or someone you know
personally.
I know Americans insist that lawyers are kept in the level of comfort to
which they have become accustomed by sueing at the drop of a hat but this is
ridiculous.
Cheers
Pat
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JetPilot
Joined: 10 Jan 2006
Posts: 1246
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| Posted: Thu Oct 08, 2009 8:06 am Post subject: Re: Liability for selling your aircraft (was: Not Kolb rel |
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Pat,
You are wrong about risk of being sued from the sale of an experimental airplane. You use second hand sales as an example, but remember one thing, if its an AIRPLANE changes everything. Just as we see any aviation accident covered in the news while hundreds of deaths in cars are ignored every day, jurys get emotional and aviation is treated much differently in court and are more likely to award damages than for other things such as a used car.
If you are the builder of the plane, you are now considered the manufacturer and this even puts you at greater risk for many many years to come.
This information came from an aviation lawyer.... If you think you know more and can give better legal advice to members of this forum on this subject than an aviation lawyer, then you must be much more experienced in this field than I gave you credit for.
Mike
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_________________
"NO FEAR" - If you have no fear you did not go as fast as you could have !!!
Kolb MK-III Xtra, 912-S |
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