RCU Forums - View Single Post - "No Fault" liability in the event of accidental loss of model. A condition of Club Membership? AMA?
Old 10-10-2003 | 03:55 AM
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jonkoppisch
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Default RE: "No Fault" liability in the event of accidental loss of model. A condition of Club Membership? AMA?

I see we have the same old players.......wait...WHERE'S JON?????????LOL
Why Brian,
Thanks for inviting me in. Why am I not out slurring you to everyone? Hmmmmm.

Branded,
According to your argument I'm going to try and show you that a person would be a fool not to vote that a 'waiver' is required under your specs. Your saying that everyone should have to sign a waiver so that If they are shot down (for example) the limit of compensation is $1000. Now according to you, in your club there are only 3-5 out of 150 members that own anything over $1500

origonal: branded, post 212 "shot down"
In my club of 150 members, only 3, perhaps 5 of us that I can think of own airplanes that are worth more than $1500
That means that over 95% of your club flies planes under $1500 and probably a majority of them are $1000 and under. What you've created is a 'legal document' that if the loss is up to $1000 the person is liable under the waiver to fully compensate the person for their loss. So, to sum up. 95% of the club flies planes under $1500 (probably $1000) so legally if they are shot down etc per the waiver will be compensated in full. You just guaranteed that the 95% will receive full payment which is something that they don't have now. The 95% would be crazy not to vote for the waiver as you've stated it.

Now if you really believe in what you are trying to do and what you've said.
origonal: branded, post 212 "shot down"
Since we, those of us that fly multi-thousand dollar airplanes, are clearly a minority it's not unreasonable to be asked to assume the risk of replacing the a/c in the event of an accident, for the privilege of sharing the resources provided by the flying site.
origonal: branded, post 212 "shot down"

Well, I think the easiest way to alleviate these kinds of contentions is simply to have those of us that fly multi-thousand dollar airplanes sign a waiver indicating that we know the risk of flying such a model amongst "sport flyers" that don't have the wherewithal to replace it in the event of an accident, regardless of cause, else you will not be allowed to fly at that field.
origonal: branded, post 79 "shot down"
I don't expect a fourteen year old, a fellow on a fixed income (retired), or just a really nice guy that's a newbie to fork over money to replace my lost airplane if, and when the incident occurs......If we talk about it, perhaps some compensation may be forthcoming, but I accept the responsibilty of the loss because I knew the risks of what I do beforehand.

If you're really worried about the person that can't afford it (which is why the waiver was brought up)
origonal: branded, post 212 "shot down"

I don't expect a fourteen year old, a fellow on a fixed income (retired), or just a really nice guy that's a newbie to fork over money
The people that you have listed would feel a burden at $200 and would be devasted at $1000. The waiver shood read that everyone should sign a waiver to the effect that 'no one' is liable to replace anyone's plane. After all
origonal: branded, post 212 "shot down"


waiver indicating that we know the risk of flying such a model amongst "sport flyers" that don't have the wherewithal to replace it in the event of an accident, regardless of cause, else you will not be allowed to fly at that field.
origonal: branded, post 179 "shot down"

I accept the resonsibilty for my own loss.
I think you were right in this quote

origonal: branded, post 1
In the old days this is exactly the way it was handled amongst fellow RC'ers. The old days are gone and there's been much talk about litigation, etc.
Edited at 5am est. Nothing was taken away, only content was added...B