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#1
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At an SSA FIRC I believe it was said by a presenter that no lawsuit
had every arisen against a CFI-G from an accident. Doesn't mean that it will not but only that it never has. You might verify the above statement with the SSF. At the FIRC proper documentation of training was emphsized. The AOPA articles that the original poster mentioned were very interesting as they seemed to support strongly the value of having persons sign a liability wavior and avoid the unlikely possibility of being classified as a "common carrier". Make sure your club's corporate status is maintained with your state and minimal assets are retained in it. The real open issue is the cost of defense against frivilous lawsuits, while it is possible your homeowners policy might step in so far as providing defense, I would not count on it. So really it is a "layered defense", beginning with good documentation of training (drop any CFIG that refuses), 100% coverage with liability waviors, some liability insurance on the aircraft, and an in force corporate charter containing minimal assets. I am not a lawyer, the above is not legal advice but merely a layman's exploration of the issues. And with the above noted, I'm still working to get my CFIG. HU |
#2
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Lawsuits against CFIs, clubs and FBOs do indeed happen.
Insurance can only cover you to some degree, but to get coverage for the amounts awarded, the cost would be prohibitive. I am neither a lawyer or insurance salesman, but I believe our only defense, and probably the absolute best defense, is to ensure we fulfill all of the specific and implied rules and regulations specified by the FARs, PTS, advisory circulars, as well as the common standards established by industry. As it turns out, it is not difficult. The references are reasonably clear. Our school / gliderport has been in business for 38 years and as we near retirement, our assetts have grown so we become more of a target should we do it wrong. We have developed widely acclaimed text books, instructor manuals and a thorough glider pilot logbook and other training materials that absolutly fulfill all the flight training requirements. We use lesson plans that are complete, and document flight training using a series of written tests that prove each student has the knowledge and skills implied by the regulations. To do otherwise would be foolish. There are materials out there that simply fail to meet the necessary standards. It is clear not all instructors make an effort to teach to the accepted standards. Organizations and individuals have developed their own flight training techniques and methods. Some of the non-standard, uncommon methods can subject the instructors, schools and clubs to a higher risk should something happen. Tom Knauff |
#3
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Tom,
you say that CFIG lawsuits 'do indeed happen'. Can you point us in a direction or contact for a specific individual who would have details of such a lawsuit? BTW, admire you attitude and efforts. |
#4
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How do you set up ownership of the assets of the club and not have those
assets tied to the club in some way? Fred "HoUdino" wrote in message ... At an SSA FIRC I believe it was said by a presenter that no lawsuit had every arisen against a CFI-G from an accident. Doesn't mean that it will not but only that it never has. You might verify the above statement with the SSF. At the FIRC proper documentation of training was emphsized. The AOPA articles that the original poster mentioned were very interesting as they seemed to support strongly the value of having persons sign a liability wavior and avoid the unlikely possibility of being classified as a "common carrier". Make sure your club's corporate status is maintained with your state and minimal assets are retained in it. The real open issue is the cost of defense against frivilous lawsuits, while it is possible your homeowners policy might step in so far as providing defense, I would not count on it. So really it is a "layered defense", beginning with good documentation of training (drop any CFIG that refuses), 100% coverage with liability waviors, some liability insurance on the aircraft, and an in force corporate charter containing minimal assets. I am not a lawyer, the above is not legal advice but merely a layman's exploration of the issues. And with the above noted, I'm still working to get my CFIG. HU |
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