Author Topic: Liability when selling a LongEZ?  (Read 2323 times)

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Offline cecenk

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Liability when selling a LongEZ?
« on: June 16, 2014, 10:29:29 PM »
Hi,
My Dad built a LongEZ and donated it to a museum when he died.  The stipulation was that it would never be flown again even if they re-sell it.  Well...they no longer want the LongEZ and they want to sell it to someone who will fly it.  They have an attorney who is trying to claim that I would have no legal liability if they sell it and someone gets injured flying it.  Does anyone know if that is true?  Or how I can find this out?  Naturally I'd love to avoid seeing this plane go to the city dump...just not sure of the options.  I have called a couple of other museums and have not received any interest.  What should I do?
Thanks!

Offline flyingwaldo

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Re: Liability when selling a LongEZ?
« Reply #1 on: June 17, 2014, 07:22:57 AM »
Ask Beagle.  From what I've been told nobody has ever been successfully sued in such a situation.  Several planes have been scrapped because of these fears and many are still flying.  Beagle knows the history.
If you can't shake the concern at least have them give you a hold harmless document of some sort.  An attorney would be better equipped to discuss with you.

Offline dorr

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Re: Liability when selling a LongEZ?
« Reply #2 on: June 17, 2014, 09:56:43 PM »
First your father isn't a manufacturer of a product, so there is no strict liability that car manufacturers face.  Secondly, Burt remembered a single home builder that was sued.  Burt talked the lawyers out of the suit.  Burt offered to be our experts in any suit we were involved in - he has never had to testify for us.  Other than that, I've been watching for 30 years and the homebuilders have not been a target yet.  There is very slim litigation against manufacturers like the fuel valve maker for the mother and daughter of John Denver who sued over the famous sticky valves, even though John couldn't reach the valve - the case, had it been against a deep pocket might have been worth $100,000,000 but never reached trial but the valve maker's insurer settled out for a small policy.  The builder who put the valve in the unusual place was not sued.  The prior owner was sued so as to have a target in California - and he was assured he'd be dropped later... and he was...the maintenance people on the aircraft were deposed but not sued.   Now, if you have an estate of 10 million, then you might be worth the lawyer's time to go prove something as unique as a hand built plane is worth suing over.  But they don't want to have some gray haired old gentleman sitting there as defendant, especially when he can say it flew fine for 800 hours and the pilot's silly mistakes are then trotted in front of the Jury...we just are not seeing homebuilder suits.  It is more likely you'll be hit by lightening.  If we could insure for our building efforts we might be a target...but we can't...

Beagle

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