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Old December 3rd 05, 07:10 AM posted to rec.aviation.soaring
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Default US ELT Installation

mhr wrote:

By making this part of the rules, the situation exists
that each contest organizer will require them to mitigate potential
liability. If another tragedy does occur, the contest organizer that
did not require ELTs will surely be sued.


"Surely"? On what possible basis can an organizer be sued for not
requiring equipment that the pilot is allowed to install, and even the
FAA does not require? Especially since the pilot knows well in advance
that ELTs are not going to be required, and could elect not to enter.
Accepting risks is inherent in entering a contest, and this risk seems
minute compared to the other risks he and the organizers accept.

I would like to hear opinions from experienced liability lawyers, but
I'm not interested in guesses "supported" (for example) with generic
worries about what litigious society we are. Surely (there's that word
again!) we would have heard from Costello and Associates, the people in
charge of our contest insurance, if liability was a concern for this rule.

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Eric Greenwell
Washington State
USA