Hi Tom; So what is the point of the argument now? Is it that Boonah Gliding Club should be immune from lawsuits?
On Tue, 17 May 2011, tom claffey wrote: > Hi Peter, > I know and understand the case well! > It seems you miss my point, this case was eventually found in favour of the > club and the club was all OK. > Fine you would think, however it cost them about $80K to that point and had > to sell gliders to pay the bill! > 15 years or so later they are still affected. > > The bottom of the harbour would be a start! > Tom > > > ________________________________ > From: Peter F Bradshaw <p...@exadios.com> > To: aus-soaring@lists.internode.on.net > Sent: Tuesday, 17 May 2011 12:21 PM > Subject: Re: [Aus-soaring] Foka incident > > Hi Tom; > > I do not know about the Boonah case but I suspect that logic did win in > that case and either you did not understand it or it dictated an result > with which you do not agree. > > On Mon, 16 May 2011, tom claffey wrote: > > > Unfortunately logic does not always win in the law area. > > Just ask Boonah club members what it cost the club when the family of a tug > > pilot sued after the wings came off the tug! > > They hadn't even rigged it and the dead pilot had DI'd it! > > Tom > > > > > > > > ________________________________ > > From: Peter F Bradshaw <p...@exadios.com> > > To: Discussion of issues relating to Soaring in Australia. > > <aus-soaring@lists.internode.on.net> > > Sent: Tuesday, 17 May 2011 11:10 AM > > Subject: Re: [Aus-soaring] Foka incident > > > > Hi Mike; > > > > On Tue, 17 May 2011, Mike Borgelt wrote: > > > > > At 10:16 PM 16/05/2011, you wrote: > > > >Hi Ron; > > > > > > > >A lawsuit like what? You are responding to a mail that hypothesizes that > > > >lawsuits are possible. There is no actual lawsuit. > > > > > > Read it again. He didn't say there was, just that there is the > > > possibility in similar situations. > > > > Hence my use of the word hypothesizes - a word that gives his argument > > more dignity than it deserves. > > > > > > > > I sure wouldn't try your legal defence. "So are you telling the > > > Court, Sir, that even though you knew there was no way of positively > > > checking, you signed that the aircraft had been rigged correctly?". > > > > The second signer is not signing that the aircraft has been rigged > > correctly. The signer is stating that he or she has checked the rigging > > in a competent and reasonable manner. This is a different proposition in > > law and in fact. > > > > I think the lesson to be learnt from this accident is that, as somebody > > else here has noted, that DI tickets should be issued on a per aircraft > > type basis. Plainly, in this case, neither the riggers nor the people > > who checked the rigging knew how to rig or check this particular > > aircraft type. > > > > > > > > It might even be worse than a civil suit which even if you win is > > > going to cost thousands to tens of thousands of dollars to defend > > > with the loss of time, stress, worry etc. You might run into a > > > coroner or Public prosectuor who wants to make a name for him or > > > herself and find yourself on a criminal charge. > > > > What is this? Fear Mongering 101? How did we jump from civil lawsuits to > > criminal proceedings? > > > > The problem with your argument is that it is one best tailored to the > > idea that the best way to live our lives is to enter a windowless room, > > close and lock the door, and sit quietly in the dark. > > > > The truth of the matter is that each of us perform actions and take > > risks every day in order to live our lives. Any of us may be sued at > > any time. How far the plaintiff gets is a function of the merit of their > > case. The best defense is to perform in a competent and reasonable > > manner. > > > > Further the best way to operate our sport is to perform in a competent > > and reasonable manner and cross checking is an important part of this > > paradigm. > > > > > > Cheers > > > > Cheers > Cheers -- Peter F Bradshaw: http://www.exadios.com (public keys avaliable there). Personal site: http://personal.exadios.com "I love truth, and the way the government still uses it occasionally to keep us guessing." - Sam Kekovich. _______________________________________________ Aus-soaring mailing list Aus-soaring@lists.internode.on.net To check or change subscription details, visit: http://lists.internode.on.net/mailman/listinfo/aus-soaring