Re: Liability Question


Mike Perry <dmperry1012@...>
 

In general, "if the sales contract is properly worded there should be no
worry about liability after the sale" should be true. In practice,
defending against a meritless lawsuit is expensive. Personally that
wouldn't stop me from selling an experimental, but I would be vary careful
with disclosure of flying characteristics and I would emphasize that this
is an EXPERIMENTAL. (Please note I am not a lawyer, get real advice if
this matter concerns you.)

A friend of mine, another physician, was trying to get an "umbrella" policy
for general liability. One of the questions asked was, "do you stop at
accidents to render assistance?" His answer was yes (we live in a rural
area; of course you stop). The company doubled the premium based on his
answer to that question, despite a "Good Samaritan" law here in
California. When he asked the company why they said: we would expect to
win the case, but the defense would be expensive.

From an earlier post: "Could his heirs be liable?" I don't think his
heirs could be liable, but one could sue the estate and try to extract
money from the heirs in that way. (again, I am not a lawyer)

Mike Perry

At 08:48 AM 10/22/2008 -0400, you wrote:
A young couple, both lawyers, moved onto my block about 6 mo. ago. Turns out
the wife is a pilot and specializes in aviation law. In a recent discussion
around the fire hydrant she told me that if the sales contract is properly
worded there should be no worry about liability after the sale. Her father
owns
an experimental so she is familiar with homebuilts.

j.

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