Vans Lawsuit

[N981MS]

I believe a common thread of this discussion will be "risk tolerance".

Exactly.

I believe someone's risk tolerance in aviation is inversely proportional to the amount of liability they must concern themselves with in their professional lives and also inversely proportional to how much they have to lose.

Of course there are innumerable other factors. Some guys just do not worry about anything while others obsess over minutia.

Incidentally, I do occasionally fly Young Eagles. I have decided that the risk is worth the benefit to myself and aviation. I do not fly low anyway but I do carry some extra altitude in these circumstances. Just in case the fan stops.

[Rooster]

Wow!
This is really sad!

I am so sorry that the world is turning into such a litigating society.

We are continually wanting to blame others for our misfortune, when the plaintiff would have really loved the flight had it not gone wrong.

I still cannot believe that one can blame the manufacturer for a mistake that a builder made. If I stick a length of thread tape INTO a fuel line and it blocks further down, then I am the idiot, not VANS or the fuel flow maker????

YOU go for a ride in the plane, YOU know it is risky, You made the choice.
If you are the plaintiff and YOU cajoled your daughter to go for a ride with you, then YOU are to blame for her death, not VANS!! If your daughter wanted to go with you, then no-one is to blame.
%#* happens!

Cases like this make me appreciate Africa a lot more.
Only thing is; It will make owning an RV further from my reach!

Bugger!

[Rooster]

I see on another forum (albeit South African) that the builder had previously built an aircraft....................http://www.avcom.co.za/phpBB3/viewto...p?f=1&t=165044

I hope that it is the case and it helps VANS

[gregsgt]

Did you see the pictures of how bad the fuel system was gunked up with RTV sealant? Yikes.

http://dms.ntsb.gov/pubdms/search/do...129&mkey=89323

[HighWing]

This brings up the memory of the 1999 Arlington EAA Fly-in crash of a two week owned RV-6 in which a pilot of one year was killed after a much too steep climb - according to experienced witnesses - resulted in a departure stall. The $10,000,000 award prompted EAA.to completely revise its sponsorship policy regarding the numerous "EAA" events across the country. It also prompted my wife and I to cancel what would have been the tenth annual Cameron Park Kitfox Fly-in and BBQ. This event attracted close to 30 airplanes and not quite 100 people for a fun day of viewing and talking Kitfox each year. It also reminds me of the story my wife likes to tell of a guy who sued a lawnmower manufacturer because there was no warning label discouraging it's use as a hand held hedge trimmer. But after seeing the pictures of the gunk in the fuel line, I would suggest the current law suit and this story bear dramatic similarities.

I am one more who won't give rides. This stems largely from our experience after I planted my first IV in the clearing among the oak trees. We both spent time in the ER. My wife Kay suffered a puncture wound to her leg that involved contact with a bone and a broken thumb. No serious injuries by anyone's estimation, but resulting in an ER bill of $39,000. With that in mind, check your liability coverage in your insurance policy. Mine states $100,000 per occupant. Just exactly what the 1 million liability covers, I hope to never learn. I too have been thinking for a long time about the parting out idea when the inevitable comes in to play. I'm just not quite comfortable risking a lifetime of prudent living for an asset that won't make much of a difference one way or the other in the whole scheme of things.

Regarding changing the system. It will never happen. Consider those involved and their motive for change. Plaintiff - no way, hope for $$. Plaintiff's Attorney - no way, in most cases, hope for big $$. Insurance company - no way. Lose a little - raise premiums a lot, $$ in. Defense attorney - no way, $$ in. A good friend has made a good living as a medical malpractice defense attorney. Who is left? The poor guy or entity with all those $$$ hanging out of his pocket. Oh, I almost forgot, the judge, the clerks, the stenographer, the custodian and on and on - $ in.

Even with the Arlington award which was later overturned. There was tons paid out to attorneys. One thing is certain. Whether or not any legal action has merit. Whether it ever even goes to court, there will be $$$ to pay and mostly by the defense.

[Kitfox Guy]

That's a real shame. When I lived in CA I flew to your KF Fly In at your residence once. I had a great time and it is too bad we can't do stuff like that anymore. At my last airport they stopped having formal fly ins and air shows because the insurance premiums were too high. I agree with you that there is no relief on the horizon for all the reasons you listed.

Hey, this whole discussion is depressing, let's shut this down and talk about more pleasant things we can do!

[dholly]

Exactly.

I believe someone's risk tolerance in aviation is inversely proportional to...

Factors that one might never have envisioned. Here is a story of two very good friends, both of whom I was honored to know for several years...

Group of pilot/friends with a deep passion for flying, thick as thieves, hanging together for decades. One buys and flys a 182 floatplane for years, then partners with the other who, in turn, flys it for several years. The original pilot/owner is forced to move to Light Sport so the partner buys him out. The two, who each have racked up thousands of hours PIC in the plane, take off for one of their many regular fly-in fishing trips to Quebec. For whatever reason, the plane crashed shortly after takeoff in a difficult to reach area and the ensuing fire consumed most of the plane and contents due to fuel jugs in the floats. The two had long told their spouses both verbally and in written instruction that it was their express intent not to bring suit against a pilot/friend in the event of an accident. The spouses complied, however, the two scumbag insurance companies went at each other with a vengeance that lasted more than 5 years. All the while, dragging and attempting to pit the unwilling spouses against each other in an impossible to prove litigation (who was PIC?) that really took an emotional and financial toll on the very parties that least deserved it. Sad but true.