We were taught in law school to use a shotgun, instead of a rifle, approach 
in bringing parties within the scope of litigation.  Even if you do part it 
out, you are still a culpable party for those parts you made, assembled or 
somehow got your hands on.  Most buyers and sellers drum up some kind of 
waiver at the point of sale.  Practicing lawyers love these during 
litigation as you cannot waive negligence.  Negligence is the realm in which 
your fight will most likely take place.  Long story short, you will maintain 
a certain amount of liability exposure, waiver, parting out or selling as 
whole.

Example:  You came up with a new and improved bellcrank system by using a 
pressed bearing.  The airplane crashes with witnesses reporting the plane 
pitched up sharply and then nosed into the ground.  "Mr. Airplane Builder, 
would you please relay to the court your aeronautical knowledge concerning 
this bearing you stuck, excuse me poor choice of words, you installed in 
this bellcrank and the testing you performed to verify it's structural 
integrety in this application"  "You didn't do any testing?"  "If this 
bearing had failed, would it cause the elevator to perform at less than 100 
percent efficeincy?"  "You did say, It Would, is that right?"  "Could this 
cause the airplane to pitch up?"  Hum.......since you don't have the money 
to hire expensive crash analysis experts like the big boys, you just hung 
out to dry.

Now, carry to wing attach fittings, cables, hinges, electrical, pitot 
static.......the list goes on.  You simply will not be able to take yourself 
out from under the umbrella of exposure.



Dana Overall
Richmond, KY
RV-7 slider/fuselage
http://rvflying.tripod.com
do not archive







_________________________________________________________________
The new MSN 8: advanced junk mail protection and 2 months FREE*  
http://join.msn.com/?page=features/junkmail

Reply via email to