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Liablilty

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Steve Glasgow

Joined: 10 Jan 2006
Posts: 674

Posted: Mon Jan 23, 2006 6:00 am Post subject: Liablilty

Is anyone interested in finding ways to limit liability?   I am in contact 

with the attorney who maintains this web site I sent you previously: 

http://www.aviationlawcorp.com/content/liabhomeblt.html



I believe for about $1,000 we could get Exculpatory Agreements/Liability 

Releases for sale and passenger use prepared for NC, SC, and VA. 

Additionally, he would provide information on other way to protect 

ourselves.



If anyone is interested please contact me off site.



Cappy

_________________
Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG

libertyva(at)msn.com
Guest

Posted: Mon Jan 23, 2006 6:33 am Post subject: Liablilty

Cappy,

Thanks for the links.

I'm interested for sure!

My partnership in our RV-6 broke up over the Liability issue and I've been looking into it already.

I've brought up the topic before to the guys and they weren't too interested in looking for a fix.

AOPA has a Exculpatory Agreements/Liability Release on their website.

I copied it and modified it to be specific to my airplane and added the EXPERMENTAL warning verbage from the decal in the instrument panel. I like it......but haven't used it yet.

I contacted my insurance company and asked them about the Exculpatory Agreements/Liability Release.

they said it wouldn't affect insurance either way.  They added that it wasn't recognized in all states, just like the Link said.

I called AOPA and asked what states did and what states didn't and wouldn't talk to me about it unless I bought the Legal services plan they are selling. and that is where I have stopped.

I can scan and email my form for anyone to see and review.

We can only get 100,000. of liability insurance and that isn't near enough.

EAA adds an additional 1 million if your pax is the right age and you are a member and get the forms signed.

Getting a parent or any adult to understand just what they are doing when they climb into any-aircraft is a good thing.

If your state doesn't recognize it than it could be a waste of time, drafting one up....but if they do, than it would be a very good thing to have.

In the mean time, the EAA young eagles program is a good way to go too and free to us, kinda.

Don't get me wrong......I don't want to be insurance poor.....I spend enough already! but I've been involved in legal action at showed me you don't get justice in a courtroom and you can lose everything because of an accident.  If there is a way to help ourselves, we should look into it.  Being more aware is a good thing.

Count me in.

Bob Martin

RV-6

Louisa, VA

  ---

Steve Glasgow

Joined: 10 Jan 2006
Posts: 674

Posted: Mon Jan 23, 2006 6:55 am Post subject: Liablilty

After I hear back from everyone I plan to approach this as a group effort.  Apparently from state to state there is some research that he may need to do.  Thing may be different in each state.



Here is what I have received from Phillip Kolczynsk:



Steve:

My standard fee is $295.00/hr. and I have a two hour minimum. I should be able to interview you over the phone, prepare the Release and transmit it with an advice cover letter in two hours. Please understand that while a Release can be a useful defense tool when signed with voluntary consent by a passenger, it is clearly not enforceable against people injured outside of your aircraft. Also, appreciate that there is no guarantee that any or all judges will enforce a Release of Liability. I prepare a detailed customized release for each aviation client to give you a good chance of enforcement.

Phil

  Thanks for your reply.  What would your fee be to prepare a release for a sale, a release for passengers and the research you discussed?

  Steve Glasgow-Cappy

  N123SG  RV-8

  Cappy's Toy

  704-362-0005

  704-281-7884



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_________________
Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG

Steve Glasgow

Joined: 10 Jan 2006
Posts: 674

Posted: Mon Jan 23, 2006 7:02 am Post subject: Liablilty

Yes pleas send yours.



Steve Glasgow-Cappy

N123SG  RV-8

Cappy's Toy

704-362-0005

704-281-7884

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_________________
Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG

Steve Glasgow

Joined: 10 Jan 2006
Posts: 674

Posted: Mon Jan 23, 2006 7:08 am Post subject: Liablilty

Sorry guys, I inadvertently sent message to the group and meant to keep the details off list. 

If you are interested please contact me off list.



Cappy

  ---

_________________
Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG

libertyva(at)msn.com
Guest

Posted: Mon Jan 23, 2006 7:18 am Post subject: Liablilty

Cappy,

Is there a reason to keep it off list??

seems the information is general enough that we would all be interested in reading it.  Even if we didn't want to get involved.

Bob Martin

libertyva(at)msn.com<mailto:libertyva(at)msn.com>

  ---

Steve Glasgow

Joined: 10 Jan 2006
Posts: 674

Posted: Mon Jan 23, 2006 7:47 am Post subject: Liablilty

The reason is it may become cumbersome and hard to follow for those that are interested and or boring for those not interested. Cappy

  ---

_________________
Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG

Ed Anderson

Joined: 10 Jan 2006
Posts: 475

Posted: Mon Jan 23, 2006 7:48 am Post subject: Liablilty

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_________________
Ed Anderson
Rv-6A N494BW Rotary Powered
Matthews, NC
eanderson@carolina.rr.com

Steve Glasgow

Joined: 10 Jan 2006
Posts: 674

Posted: Mon Jan 23, 2006 7:58 am Post subject: Liablilty

Ed is there a message?  Maybe my eyes are just old and feeble.



Cappy

  ---

_________________
Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG

Ed Anderson

Joined: 10 Jan 2006
Posts: 475

Posted: Mon Jan 23, 2006 10:47 am Post subject: Liablilty

Sorry, Cappy.  Must have hit the reply key before second cup of coffee. 

Since I fly an alternative engine platform, my liability issues are a bit 

different (maybe).  So just going to lurk and listen.



Ed



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_________________
Ed Anderson
Rv-6A N494BW Rotary Powered
Matthews, NC
eanderson@carolina.rr.com

Steve Glasgow

Joined: 10 Jan 2006
Posts: 674

Posted: Mon Jan 23, 2006 11:18 am Post subject: Liablilty

I will keep you posted.  Cappy

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_________________
Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG

sawad13(at)msn.com
Guest

Posted: Mon Jan 23, 2006 6:36 pm Post subject: Liablilty

Waste of time and money. There is no piece of paper - no matter how much you 

paid the lawyer to write it - that will totally protect you from lawsuits 

from accidents, or from a accident after you sold the plane.



De registering the plane and even selling it as parts won't hold up very 

well either, if you sell the plane. Bottom line is if you built it, then you 

built it and if it can be proved then that is all that matters.



If you are worried about lawsuits from passengers, then my advise is to only 

take up people you can completely trust such as your wife and children and 

close family members only.



If your worried about lawsuits coming after the sale of your plane then the 

sad truth is the only way to protect yourself is to see to it that the plane 

is completely destroyed and scrapped, and then maybe you can recoupe some of 

your investment by selling the engine and avionics by themselves.



There is also the possibility of donating your plane to a museum and use the 

tax deduction as your " payment " You would have to make sure the museum de 

commisions your bird though and has agreed to never fly it or sell it.



Just my two cents guys, but I think if you dig far enough into this you will 

see I am not far off base.



Ron Awad



[quote]From: "Ed Anderson" <eanderson(at)carolina.rr.com>

Reply-To: rvsoutheast-list(at)matronics.com

To: <rvsoutheast-list(at)matronics.com>

Subject: Re: Liablilty

Date: Mon, 23 Jan 2006 10:48:44 -0500




<eanderson(at)carolina.rr.com>

---

Steve Glasgow

Joined: 10 Jan 2006
Posts: 674

Posted: Mon Jan 23, 2006 7:13 pm Post subject: Liablilty

Your entitled to your opinion.



Cappy

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_________________
Steve Glasgow-Cappy
Cappy's Toy
RV-8 N123SG

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