When I was building the Super Albatross replica I asked the well known
aeronautical engineer, Stan Hall to take a look at what I was doing and
to run the numbers on my wing attach fittings. I told Stan that I
understood that my request involved some "liability issues" and I would
understand if he refused.
Stan told me something I will never forget, he said, I always do the
very best job I know how to do and don't worry much about "liability
issues". That's it in a nutshell, you shouldn't have liability problems
if you always do a good job, the right way, the first time.
What's this got to do with soaring? Some feel that any effort to
correct known safety problems is to have the organization "held hostage
to safety and liability issues". Not true, in fact not addressing known
safety issues is the definition of "liability".
JJ
Kilo Charlie wrote:
UH....I know that you have spent countless hours doing your part to
promote
soaring and racing but from my perspective it is a real shame that we
are
not only being held hostage by the "safety" issue but now the
"liability"
issue.
I actually agree with your views re the liability risk. For anyone
to think
that the possibility of having to defend themselves in court as
former
instructors is absurd shows lack of knowledge of what has happened in
the
powered end of flying. The medical industry has long ago been
witness to
the fact that consent forms (our "waivers") aren't worth the paper
that they
are written on in court with only the slightest objection on the
grounds of
duress at the time of signing. And there are "physicians" who will
line up
to testify for plantiffs in even the most absurd cases in order to
pad their
own pockets knowing full well that their opinion is counter to the
standard
of care. I would bet that this occurs in the flying arena as well.
In AZ we have even had a retired attorney resign from our local club
board
due to concerns that he could be held responsible for someone getting
involved in an driving accident on the way home from the airport
after
drinking a beer from the keg in our clubhouse.
Having said all this though I refuse to be held hostage by the US
legal
system. Now that's easy for me to say since I am not an FAA
certified
instructor but would be happy to teach new racing pilots as I've done
here
in AZ. To do otherwise is a slippery slope and as with the safety
arguement, the liability arguement can stop any well meaning project
dead in
its tracks. It would also mean an end to racing as we know it if
organizers
become increasingly concerned about the risk. What a shame it will
all be.
Casey Lenox
KC
Phoenix
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