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yak52
Joined: 25 Oct 2007
Posts: 50
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 Posted: Fri Nov 27, 2009 8:24 am Post subject: Waiver |
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"Ordering the upgrade package requires that the owner execute a new waiver of liability
as to the design. This is important for those of us who ordered the kit
BEFORE the first structural failure. We are now aware of design issues and
are executing a new waiver that includes a waiver of our and our family's rights."
The waiver of liability is exactly the same one as on the contract for sale and purchase of the aircraft originally. It does not appear to waive any third party's rights, only to make you responsible for the construction, operation and maintenance of the airplane and to require your indemnification of Zenith for injuries to third persons.
"From what I understand, this requirement of a new waiver is NOT in the spirit of cooperation Zenith pledged to the FAA and the NTSB. If anything, it discourages
compliance with the SAIB"
It only discourages compliance with the SAIB if you intend to seek legal recourse against Zenith. Paragraph 12 of the original sales agreement and the new purchase specifically state Zenith carries no liability insurance. So unless your goal is to put Zenith out of business, there doesn't appear to be any purpose to litigation. I'm sure the Plaintiff's attornies in the pending litigation will be explaining that to their clients shortly after they review Zenith's finances. Compliance with the SAIB actually is better for Zenith in the long run. If you don't comply, any further crashes will be your fault. If you do comply, you are now flying an airplane that exceeds part 23 requirements(something you didn't purchase originally) in an airplane that all the regulatory authorities have signed off on and the crashes will be operational or construction errors. Take your pick.
"Of all the ADs I have received on my C150L, I don't remember any manufacture requiring
me to waive liability BEFORE they would ship the required replacement
part. A recent example would be the new Cessna rudder stops, others include
new Slick parts, Bendix ignition switch, and seat rails."
An SAIB is not an AD. You are the manufacturer of your airplane. Cessna, Slick and Bendix all required you to pay for the parts to comply with the AD on the Cessna, and the purchase price included an insurance premium for each piece. . You cannot compare apples and oranges.
[quote][b]
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z601a(at)anemicaardvark.c
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| Posted: Fri Nov 27, 2009 8:42 am Post subject: Waiver |
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No, this has simply not always been the case. There have been instances in
which Lycoming picked up the tab for ADs to their engines. Cessna picked up
the tab for the modifications to the early Cardinals. I don't doubt we could
find other instances if we tried.
It appears to depend on such factors as how long the product had been in the
field at the time of the AD, the impact of the AD, and the depth of the
pockets of the company involved.
On Friday 27 November 2009 10:23, roger lambert wrote:
| Quote: | Cessna,
Slick and Bendix all required you to pay for the parts to comply with the
AD on the Cessna, and the purchase price included an insurance premium for
each piece. .
--
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=============================================
Do not archive.
=============================================
Jim B Belcher
BS, MS Physics, Math, Computer Science
A&P/IA
Retired aerospace technical manager
Mathematics and alcohol do not mix.
Do not drink and derive.
=============================================
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yak52
Joined: 25 Oct 2007
Posts: 50
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| Posted: Fri Nov 27, 2009 8:42 am Post subject: waiver |
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"I think your legal team is much better than mine (mine is mostly mad
at me - just like much of the rest of the world). That said, I am
aware of a general legal principle that might be interesting
here. It is: You can't sign away your legal rights."
People can and do sign away their legal rights on almost any right on a daily basis. There are only a very few rights that you cannot legally sign away if you are otherwise competent.
"Even if you could commit yourself to not claiming some kind of
liability on Zenith's part for any design flaws, you can't commit
your heirs to anything."
Your heirs, if they exist under your will or statutorily, have only certain limited rights to assets within your estate, and direct ot indirect causes of action against third parties have varied limitations from state to state. Its almost always better if you survive.
[quote][b]
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z601a(at)anemicaardvark.c
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| Posted: Fri Nov 27, 2009 8:51 am Post subject: waiver |
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I doubt that Zenith has intentionally created a situation in which aircraft
fail for no reason. That doesn't make sense. Yet my impression is that Zenith
wants to be in business, but assume no liability for their actions.
I'd love to see the problems solved, and to see Zenith stay in business. But I
doubt very much that it will be possible to get all the responsibility
transferred to the purchasers. For one thing, some attorneys are very honest
and are above reproach; others will look for any loophole they can find.
Fortunately or unfortunately, one of the latter will find something they can
attack.
There is an old principle I was taught in my Air Force days: you can delegate
authority, but not responsibility. Trying to that generally creates more
problems than it solves.
--
=============================================
Do not archive.
=============================================
Jim B Belcher
BS, MS Physics, Math, Computer Science
A&P/IA
Retired aerospace technical manager
Mathematics and alcohol do not mix.
Do not drink and derive.
=============================================
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