Vans Lawsuit

[Av8r3400]

AvWeb Story

This is a very bad omen for us all. I hope (but have little faith) the judge will throw his out. The plaintiff seems to be suing everyone involved in the aircraft except the one responsible, the pilot, her father (deceased in the crash).

Without decending into political arguments, (then this thread will be deleted) what can be done to stop this before it becomes a trend and we are all done with experimental aircraft?

That is probably a rhetorical question. The way I see it is the only ones who can stop this is the courts.

[Dave S]

Larry & all,

Probaby way too early to tell what the disposition will be; however, as you indicated, actions like this can potentially have repercussions throughout the entire homebuilt industry and community.

I'd like to second Larry's comment that we stay away from political opinions and add that we should seek to understand and correctly influence logic where we can - and keep our lips zipped where we should. Good time to remember our basic civics education from 5th grade regarding the separation of powers - Executive, Legislative & Judicial - and who has the ball - meaning the judicial system now in this case.

One point for us to consider is the actual details of the suit.......details, details......can drive a person nuts, but the details will be argued in the court system.

Here is the link to the actual 16 page document filed which contains the complaint.

http://media.oregonlive.com/pacific-...crash.suit.pdf

Also included as an attachment to this post.

NTSB Probable Cause issued

http://www.ntsb.gov/_layouts/ntsb.av...no=5&pgsize=50

Our aviation associations (EAA, LAMA, AOPA) are better equipped to represent the logic and interests of the aviation community, and home builders in particular.

EAA's activities with Tech Counselors, Flight advisors and builder information has been a significant boost to safety; as well as the aircraft Kit industry's manufacturing of well designed and tested kits. So much good has been done to increase the safety of the experimental movement.

Do read the entire 16 pages - lot of information there. This is the complaint......the rebuttals will come in court and that has not been heard yet.

Sincerely,

Dave S
KF 7 Trigear
912ULS Warp Drive

[Kitfox Guy]

Thanks for info as it is very interesting reading. The American Civil justice system is a very interesting creature that I haven't seen replicated in any other parts of the world. Years ago I stopped giving airplane rides to friends and acquaintances for fear of civil liability. It is a shame but I had to do it to protect myself. The fear of losing my lifelong savings and investments, because a passenger is harmed in a flight is real and terrifying.

[gregsgt]

So how is it really different than giving rides to friends in acquaintances in an old car that you rebuilt or something like that?

[N981MS]

So how is it really different than giving rides to friends

The difference will be in the ignorance of the jurors. I would wager there will not be single a pilot on the jury; much less a builder. Likely they will all be drivers of cars.

You are correct though. You could be sued for everything you are worth for driving someone in your car if they were injured. Or for helping a little old lady cross the street if it went wrong.

[gregsgt]

That's the point. I run a business and from my point of view I take a risk every day in operation not to mention the fact that I break about a dozen laws every day that I never even knew existed...

I just couldn't live my life if I was scared of getting sued for every action I took. I just don't see this as any different from any other thing out there.

[Kitfox Guy]

The difference will be in the ignorance of the jurors. I would wager there will not be single a pilot on the jury; much less a builder. Likely they will all be drivers of cars.....

Most of the public, including jurors presume that people who own airplanes are rich. We know otherwise, but the jurors are likely inclined to render large monetary awards if they feel the defendant is wealthy or insured. I lived in California most of my life, and there is a huge surplus of lawyers. According to the State Bar Association they have 225,000 members. Many are aggressively seeking work, and the potential money an attorney can make from a catastrophic aircraft accident lawsuit is significant.

I never really worried much about the passengers I was giving a ride as they had demonstrated an interest in general aviation and had a sense of the risk involved in flight. What concerned me more were the relatives or heirs of the passengers who perhaps did not share an appreciation of general aviation.

Everybody has their own level of risk they are willing to assume, I guess. Whatever works for you is OK with me.

[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