Today's Message Index:
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1. 08:36 AM - Liability (Ron Eason)
2. 06:03 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (WMartensJr@aol.com)
Message 1
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--> Homebuilt-List message posted by: "Ron Eason" <ron@jrl-engineering.com>
In the scheme of the law suites their are no differences between corp.,
mfgrs. and individuals. {in reality it all starts with a individual] Then
the real cost starts for the targeted enterprise [individual or corp.],
defending against a suite is expensive. The lawyers check the assets of the
target and if the assets represent enough money especially liquid asset
[savings acc.,bonds, and etc.] the suite will be filled, right or wrong
.The plaintiff however has no cost unless the suite is successful.
Corporations are formed because individuals are trying to protect the their
assets from frivolous losses [ that is exactly why I formed mine]. This is
not a issue of the poor verses the rich. I have been through this game and
the ones who win are the lawyers. Tort reform is badly needed because the
tort laws a weighted in favor of a dishonest plaintiff. Awards for these
suits are many times to much.
Ron Eason
----- Original Message -----
From: "Homebuilt-List Digest Server" <homebuilt-list-digest@matronics.com>
Subject: Homebuilt-List Digest: 5 Msgs - 07/09/05
> *
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> ---
> Total Messages Posted Sat 07/09/05: 5
>
>
> Today's Message Index:
> ----------------------
>
> 1. 01:05 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (gary)
> 2. 04:01 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (John Loram)
> 3. 05:26 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (Joe Healy)
> 4. 06:52 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (Eric Ruttan)
> 5. 09:40 PM - Re: Re: Zodiac 601HDS with Subaru EA81
> (rueffy@jetthrust.com)
>
>
> ________________________________ Message 1
> _____________________________________
>
>
> Time: 01:05:31 PM PST US
> From: "gary" <FlyinK@efortress.com>
> Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81
>
> --> Homebuilt-List message posted by: "gary" <FlyinK@Efortress.com>
>
>> No homebuilt amature aircraft manufacture has ever been SUED, never mind
>> lost.
> - what about Wayne Ison of TEAM aircraft? dozens of UL companies and lots
> of certified airplane and accessory companies too. not sure about
> individuals selling homebuilts.
>
> gary
>
>
> ________________________________ Message 2
> _____________________________________
>
>
> Time: 04:01:23 PM PST US
> Subject: RE: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81
> From: "John Loram" <johnl@loram.org>
>
> --> Homebuilt-List message posted by: "John Loram" <johnl@loram.org>
>
> While I share your concern about the current version of tort reform, you
> (and possibly the EAA) are quite wrong about the lack of suits:
>
> The Quickie Aircraft Corp. was sued by a builder who experienced an
> accident in a highly modified Q1. QAC lost, but then won on appeal,
> however had exhausted itself financially in the process and when out of
> business immediately thereafter. See Mullan v. Quickie Aircraft Corp.,
> 797 F.2d 845 (10th Cir. 07/21/1986) UNITED STATES COURT OF APPEALS FOR
> THE TENTH CIRCUIT
>
> I think this is the scenario that many builders are worried about
> happening. Fighting an abusive law suite can be just as ruinous as
> loosing a legitimate one.
>
> Regards, -john-
>
> -----Original Message-----
> From: owner-homebuilt-list-server@matronics.com
> [mailto:owner-homebuilt-list-server@matronics.com] On Behalf Of Eric
> Ruttan
> Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81
>
> --> Homebuilt-List message posted by: Eric Ruttan
> --> <ericruttan@chartermi.net>
>
> Tort reform is a bunch of hogwash. Protection for the rich, at the
> expense of rights of the poor.
>
> No homebuilt amature aircraft manufacture has ever been SUED, never mind
> lost.
>
> There is no real liabilty risk, but fear sells!
>
> You can call the EAA and ask.
>
>
> ________________________________ Message 3
> _____________________________________
>
>
> Time: 05:26:16 PM PST US
> From: "Joe Healy" <jhealy@socal.rr.com>
> Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81
>
> --> Homebuilt-List message posted by: "Joe Healy" <jhealy@socal.rr.com>
>
> That last response was an example of a kit manufacturer (a company engaged
> in the business of selling airplane kits to the public) being sued by a
> builder (the consumer) or his heirs. It was not an individual homebuilder
> of
> such a kit being sued by a third party purchaser.
>
> Does a case exist of a private party kit assembler being sued by the third
> party purchaser?
>
> By private kit assembler I mean someone who built one, or maybe two kits,
> in
> his/her lifetime for recreational or educational purposes (not engaged in
> a
> regular business of assembling airplane kits) being sued by someone to
> whom
> he sold the kit.
>
>> While I share your concern about the current version of tort reform, you
>> (and possibly the EAA) are quite wrong about the lack of suits:
>>
>> The Quickie Aircraft Corp. was sued by a builder who experienced an
>
>
> ________________________________ Message 4
> _____________________________________
>
>
> Time: 06:52:39 PM PST US
> From: Eric Ruttan <ericruttan@chartermi.net>
> Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81
>
> --> Homebuilt-List message posted by: Eric Ruttan
> <ericruttan@chartermi.net>
>
> I have been asking this question for a few years, and no one has ever
> given me a yes.
>
> Business have been sued. Individuals never.
>
> If I am in error, and someone can point me to an actual case, or even a
> filing that never went to court, I would be very much obliged.
>
>
> Joe Healy wrote:
>
>>--> Homebuilt-List message posted by: "Joe Healy" <jhealy@socal.rr.com>
>>
>>That last response was an example of a kit manufacturer (a company engaged
>>in the business of selling airplane kits to the public) being sued by a
>>builder (the consumer) or his heirs. It was not an individual homebuilder
>>of
>>such a kit being sued by a third party purchaser.
>>
>>Does a case exist of a private party kit assembler being sued by the third
>>party purchaser?
>>
>>By private kit assembler I mean someone who built one, or maybe two kits,
>>in
>>his/her lifetime for recreational or educational purposes (not engaged in
>>a
>>regular business of assembling airplane kits) being sued by someone to
>>whom
>>he sold the kit.
>>
>>
>>
>>>While I share your concern about the current version of tort reform, you
>>>(and possibly the EAA) are quite wrong about the lack of suits:
>>>
>>>The Quickie Aircraft Corp. was sued by a builder who experienced an
>>>
>>>
>>
>>
>>
>>
>
>
> ________________________________ Message 5
> _____________________________________
>
>
> Time: 09:40:32 PM PST US
> From: rueffy@jetthrust.com
> Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81
>
> --> Homebuilt-List message posted by: rueffy@jetthrust.com
>
> I was at arlington this weekend and sat in on a forum presentation about
> purchasing and maintaining experimentals that others have built and many
> questions about this came up. The presenter who held some important
> position in
> EAA which escapes me said there has not yet beed a succesful suit against
> a
> person who actually put the kit or aircraft together.
>
> Brett
>
> Quoting Joe Healy <jhealy@socal.rr.com>:
>
>> --> Homebuilt-List message posted by: "Joe Healy" <jhealy@socal.rr.com>
>>
>> That last response was an example of a kit manufacturer (a company
>> engaged
>> in the business of selling airplane kits to the public) being sued by a
>> builder (the consumer) or his heirs. It was not an individual homebuilder
>> of
>> such a kit being sued by a third party purchaser.
>>
>> Does a case exist of a private party kit assembler being sued by the
>> third
>> party purchaser?
>>
>> By private kit assembler I mean someone who built one, or maybe two kits,
>> in
>> his/her lifetime for recreational or educational purposes (not engaged in
>> a
>> regular business of assembling airplane kits) being sued by someone to
>> whom
>> he sold the kit.
>>
>> > While I share your concern about the current version of tort reform,
>> > you
>> > (and possibly the EAA) are quite wrong about the lack of suits:
>> >
>> > The Quickie Aircraft Corp. was sued by a builder who experienced an
>>
>>
>>
>>
>>
>>
>>
>
>
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Message 2
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| Subject: | Re: Zodiac 601HDS with Subaru EA81 |
--> Homebuilt-List message posted by: WMartensJr@aol.com
In a message dated 7/8/2005 12:03:35 PM Eastern Standard Time,
ericruttan@chartermi.net writes:
--> Homebuilt-List message posted by: Eric Ruttan <ericruttan@chartermi.net>
Tort reform is a bunch of hogwash. Protection for the rich, at the
expense of rights of the poor.
I disagree. But if it pleases you to believe so that is your prerogative. I
suggest tort reform needs to take place in certain areas not necessarily all
areas.
No homebuilt amature aircraft manufacture has ever been SUED, never mind
lost.
There is no real liabilty risk, but fear sells!
You can call the EAA and ask.
I made no claims about effective lawsuits of record, what I said was there is
a risk.
Again, if you choose not to believe so that is your prerogative but when I
see headline extolling homebuilders as the "Next growth industry in torts" I
suspect there are risks. The degree of risks varies considerably for each
circumstance, builder and aircraft. How you mitigate risks is your decision. Most
of
the risks to a homebuilder appear to be against the "kit" manufacturer as
long as the builder sticks to the plans. How often is that done to 100%?
http://www.avweb.com/news/avlaw/181900-1.html
I'm not chicken little nor am I overly worried about personal liability. I
just acknowledge that it exists and plan accordingly. Of course, I've only
built two aircraft completely by myself but assisted in building four others so
My personal experience is limited.
Cheers,
W
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