>From: "Ron Eason" <r...@jrl-engineering.com> >It all boils down to greed.
Sometimes we may think that but, the courts themselves take a very dim view of frivolous lawsuits and offer one who has been the victim of such, recourse of triple damages for just such actions. There are bad engineers, bad accountants, bad attorneys, bad auto repair techs, bad computer design techs., bad doctors, bad insurance salesmen but these bad apples do not make the entire professions evil. There is a need for good engineers, good accountants, good attorneys, good auto repair, good computer design, good doctors and yes, even good insurance salesmen. Tort reform happens every day in the courtroom but to assert that it is somehow tied to the livelihood of the economy may just be grasping at straws. Economic opinion is one thing, economic reality is another. Do some companies, such as Mark's, suffer from liability exposure in making business decisions.....yes, is it unfortunate, yes. Is there a place for recovery, yes. Let's get back to the original thread before some toes get stepped on. I think Larry's original instance was someone sitting at the dinner table when an experimental airplane, you just sold to someone, comes crashing into the house. Were these people responsible for little Sally losing a limb and the death of her mother? I would sure hope that one would not think so. The pilot says nothing because he is dead, he signed an exculpatory agreement, his wife says he knew nothing about homebuilt airplanes and said he sure liked the looks of that wooden prop.....that came apart in flight.....the same one you made using an article from EAA but didn't conform to industry standards. Was there negligence? The surviving wife thinks so, the surviving husband thinks so, you don't think so. We have talked about no one wanting to take responsibility for their actions....who wants to step up and raise their hand now without a fight? I'm going to really, really, really stay out of any further comments, now and in the future, on this liability issue after seeing where this is going. Please, please do not take this post as jab at any comments. It is not meant so, so do not allow it to become a reflection. I do not practice law, and have went too far in explaining some points in this discussion. I cannot, and will not, extend opinions as to personnal interpretations of legal issues for those on this list. Like I said, no more legal responses from me on any issues raised here. Too many toes, too big of shoes. Dana Overall Richmond, KY RV-7 slider/fuselage http://rvflying.tripod.com do not archive Dana Overall Richmond, KY RV-7 slider/fuselage http://rvflying.tripod.com do not archive _________________________________________________________________ The new MSN 8: smart spam protection and 2 months FREE* http://join.msn.com/?page=features/junkmail
