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- Jan 3, 2007
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I've been doing a little reading about liability involving homebuilts. The EAA has some good articles if you log onto their site and do a search. There are some longer articles so be sure to read further but a few good points.
Product liability for aircraft has been limited to 18yrs. This has not been tested in court yet, but no reason noted to exclude you as a manufacturer from this protection according to the attorney/author. Each yr you own your plane your liability is passing.
There is a checklist for aircraft sale available from EAA that directs how to draft contract language for a waiver of liablilty. They note to have the buyer and thier spouse sign the waiver. It will be of use to deter the opposing council from advising going ahead with a suit as there are legal allowances made for this type of aircraft construction...(you've all seen the placard.) and the buyer has acknowledged the fact.
There is mention of insurance companies offering liability insurance that covers you after the sale of the plane you've built. A note somewhere discusses that this is available because it is rare that a lawsuit of this type goes forward successfully. Also the insurance comes into play as a consideration if your plane crashes and causes injuried to those on the ground who are not involved with the waiver.
In short, what i've read so far basically goes to the idea that everyone involved knows that these are not certified craft, are not held to certified testing standards, do not have to be made of aviation parts and powerplants, etc...and the notion is presented that many in the legal profession look at buying and flying an experimental as a known risk taken on by the pilot and not so easily pursued and not worth the effort as an easier paycheck is waiting elsewhere.
I'm putting my head back down in the foxhole now...
Just wanted to let you guys know there is some good reading on EAA about this and some interesting viewpoints and options not previously discussed in the rod-ends thread.
Product liability for aircraft has been limited to 18yrs. This has not been tested in court yet, but no reason noted to exclude you as a manufacturer from this protection according to the attorney/author. Each yr you own your plane your liability is passing.
There is a checklist for aircraft sale available from EAA that directs how to draft contract language for a waiver of liablilty. They note to have the buyer and thier spouse sign the waiver. It will be of use to deter the opposing council from advising going ahead with a suit as there are legal allowances made for this type of aircraft construction...(you've all seen the placard.) and the buyer has acknowledged the fact.
There is mention of insurance companies offering liability insurance that covers you after the sale of the plane you've built. A note somewhere discusses that this is available because it is rare that a lawsuit of this type goes forward successfully. Also the insurance comes into play as a consideration if your plane crashes and causes injuried to those on the ground who are not involved with the waiver.
In short, what i've read so far basically goes to the idea that everyone involved knows that these are not certified craft, are not held to certified testing standards, do not have to be made of aviation parts and powerplants, etc...and the notion is presented that many in the legal profession look at buying and flying an experimental as a known risk taken on by the pilot and not so easily pursued and not worth the effort as an easier paycheck is waiting elsewhere.
I'm putting my head back down in the foxhole now...
Just wanted to let you guys know there is some good reading on EAA about this and some interesting viewpoints and options not previously discussed in the rod-ends thread.
