ORIGINAL: init4fun
ORIGINAL: Top_Gunn
I am a lawyer who has co-authored a book on personal injury law, though it's not my main area of interest.
There is no such legal concept as ''taking over liability.'' And while there are areas of law where liability is ''strict,'' those areas do not include taking over flying a model from someone having trouble. It's certainly true that you risk being sued if something goes awry. And that's no fun. even if you win in the end. But it is not the case that you will necessarily lose.
(On another matter, I have no idea what LCS's post means, so I won't respond to it. I think it's clear that all the rest of us are talking about civil law.)
[8D] Thank you for the answer Al .
Gee , In re reading my above post , It sure does look in print a heck of a lot more wiseassed than I had intended it to . For that you have my apology .
The Lawyer I spoke with made reference to the fact that since the CD had made the determination that the flyer was unfit and thus assumed control of the model , it would be him who were sued if God forbid the model were to then strike someone or something while under the CD's command . <span style="color: #ff0000">There couldn't possibly be any negligence on the model owner's part since he is no longer in control of the craft .</span> After the dust settles it would be the guy holding the TX who bore the end responsibility for demanding the TX from the pilot and hopefully the AMA would come to his attempted legal rescue .
init:
Could it not be argued that it was the model owner's responsibility to be able to fly his aircraft safely in accordance with the safety declaration form that he signed? He is the one who elected to take the plane off andget into the unsafepredicament in the first place. Even though it MAYNEVERHAPPEN, the recovering pilot could have conceivably averted amore serious disaster than wrecking some guys airplane!SOME liability shouldstill reside with the pilot who got into the messat hand and created a dangerous situation.
Man this thread is getting good!
