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Old 03-20-2013 | 05:51 AM
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init4fun
 
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Default RE: OK, CDs, What would you do?

ORIGINAL: Top_Gunn

the second you take over the Transmitter you are now responsible , financially responsible , for anything that happens with that model aircraft . Yes sir , I DID ask a Lawyer this very question , showed him this very thread in fact , cause I was curious myself .
You need to find a better lawyer. I can't think of any legal rule that makes someone flying a model financially responsible for anything that happens with it. If you are negligent, sure. If you aren't, no. And negligence is a question of fact, to be determined by the jury.

Consider this example: right after you take over, the wings fall off the plane because of a construction flaw. Or someone else turns on the same frequency and you lose control. On no legal theory I know of could you be liable for any resulting damage.
Just Curious , Are you a Lawyer who handles personal injury lawsuits ? Cause the guy I asked IS just such a Lawyer , and I believe his response over yours .

When you , as the authority in charge of the event , take over control of that flying model you also take over liability for anything that model does till it's safely back on the ground . period .

And you are now flying a model at an event that you are not cleared to by the AMA rule on having flown it once before the event . I have re read the rule and there are no "emergency CD takeover" contingencies written into the rule .

Anyone else ?