In article
,
Stubby wrote:

But who was the Pilot in Command? If this was a training flight, it
would be the CFI. If it was just for fun, then whatever the two
pilots agreed on prevails. By 91.3, the PIC has responsibility for
the safe conduct of the flight, so he or his estate is the one who
should be sued.

Does that regulation hold sway once the plane has smashed into something
expensive and is thus no longer airborne? I'm no lawyer, but I think
that the FAA can't regulate civil courts' actions regarding damage on
the ground, and I could see reasoning in such a case where it's
determined that the instructor has some civil liability because he was
in a position of responsibility even if the FAA says that the other
pilot was PIC.

--
Mike Ash
Radio Free Earth
Broadcasting from our climate-controlled studios deep inside the Moon