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Liability of Modification Kits?

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Old 01-25-2004, 08:39 PM
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SeenMCrash
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Default Liability of Modification Kits?

Hello all, I am about to start selling modification kits for a popular plane. It involves changing the drive system, and using new tail feathers, motor mount, etc. I'm wondering if there might be any liability issues with this. If someone ruins their plane because they made a mistake, is that person entitled to sue me? Or, if for some reason the planes goes out of control while flying, will I be liable? Do I need to add some kind of disclaimer to the manual, or does that require a lawyer and legal help? Thanks, Andrew
Old 01-25-2004, 08:44 PM
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aimmaintenance
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Default RE: Liability of Modification Kits?

If nothin else in the sue happy world we have here I think a short visit to a lawyer would be prudent.
The problem that you may run into is finding a lawyer that has some experience with that sort of liability issue.
Old 01-25-2004, 08:51 PM
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greenboot
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Default RE: Liability of Modification Kits?

Every man woman and child is liable for what they do; all day, every day. Unless you are particularly wealthy, or in some other way a target for lawsuits, I doubt your modifications to an airplane kit will cause you any significant risk beyound what you are already exposed to.

Just sell your kits. If you want to print a disclaimer, that's fine; but it probably won't limit your liability if someone does decide to sue you. Legal liability is determined by courts based on what a reasonable man would do. And you are "reasonable", aren't you?

Tom
Old 01-25-2004, 08:54 PM
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dalolyn
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Default RE: Liability of Modification Kits?

Normally all kits and modifications are only insured that the product is as what the advertisement states and that all parts are of high quality and usable. Any liability is void after the user opens the package and assembles or uses the product. That is to say a kit is guaranteed that all parts are included and usable as is stated, and the manufacture assumes no liability of the assembled product.
Once you put together a modification or a kit or a ARF, all liabilities are the responsibility of the end user.
Old 01-25-2004, 08:55 PM
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SeenMCrash
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Default RE: Liability of Modification Kits?

And you are "reasonable", aren't you?
Yep!
Old 01-25-2004, 09:25 PM
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Default RE: Liability of Modification Kits?

Speaking of product liability, I once knew a guy who crashed his trainer. Afterwards, he tried blaming it on " defective" balsa in the kit. He built the thing, he flew it, he crashed it, but that's the mindset of some folks. It is just NEVER their fault, no matter what happens.
Old 01-25-2004, 11:41 PM
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FunXtra
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Default RE: Liability of Modification Kits?

u can just put a itty bitty disclaimer note stating the plane is experimental (i think all model aircraft are categorized experimental, btw)
I've seen it in a couple kits and i think its on the AMA website...
good luck marketing the mod...btw what plane is it, anyway?
Old 01-25-2004, 11:46 PM
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SeenMCrash
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Default RE: Liability of Modification Kits?

btw what plane is it, anyway?
GWS Slow Stick to O.S. 10LA glow. All required hardware included, custom engine mount, and stronger balsa tail surfaces, too.

Anybody want one??
Thanks, Andrew
Old 01-26-2004, 07:02 AM
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Default RE: Liability of Modification Kits?

You'll be hearing from my Lawyer.
Old 01-26-2004, 11:59 AM
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Default RE: Liability of Modification Kits?

I would worry more about the engine coming off and getting sued for that. That plane wouldn't hold together with a 10 glow engine on it. You would have to do some serious re-design work. The little foam wings wouldn't stand a chance. I would re-consider that one.

Liability issues on an RC plane would be smaller than most, but as happened to Rutan, you can be sued for anything. He never lost a suit against him, but quit selling full scale plans because people don't read the instructions, screw up the building, and then sue him when someone dies in the plane. One guy forgot one of the 3 wing bolt, was drunk and doing aerobatics, and the family sued, one forgot to put the 14 layers of glass that hold the winglett on and when it folded, his family sued. You never know who is going to sue for what. If you don't have a lot of money, they probably wouldn't sue because it would not net them anything.

Good luck
Old 01-26-2004, 12:42 PM
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SeenMCrash
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Default RE: Liability of Modification Kits?

I would worry more about the engine coming off and getting sued for that. That plane wouldn't hold together with a 10 glow engine on it. You would have to do some serious re-design work. The little foam wings wouldn't stand a chance. I would re-consider that one.
Actually, the plane can support it just fine. It does not use a conventional engine mount like planes with firewalls do. New tail surfaces are used also, because the foam ones don't stand a chance with glow power. The foam wings are fine, but once I had some flutter coming out of a loop too fast. And by power, it's a much better flyer. It has the same relaxing flight characteristics as the origional, though now with better power and no limits by batteries.
Old 01-26-2004, 01:13 PM
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Tall Paul
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Default RE: Liability of Modification Kits?

My first impression was... "Lordy! An OS 10 on a SS. What keeps the wings on?"
Considering the structural strength of styrofoam, zero, you might look at the GP Lite Stik as a better foundation.
Real CF tube leading and trailing edges.
And the surfaces are already "..koted"..
Added the center section sheeting to eliminate two unneeded "wing tips"
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Old 01-26-2004, 01:27 PM
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SeenMCrash
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Default RE: Liability of Modification Kits?

It might be tough for you guys to believe, but there are really no strength issues on the plane. We used four doubled over rubber bands (total of 8), and not once have the wings shifted. Obviously, full throttle high-G maneuvers stress the wing, but we've not had one break. If there was a serious strength problem we would certainly not put it out for others to build. We are not trying to get rich, just to give others a chance to use this setup. Thanks, Andrew
Old 01-26-2004, 03:48 PM
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FLYBOY
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Default RE: Liability of Modification Kits?

I would have thought that with a .10 on it, the wings would have come apart in very short order. I am not saying you can't do it, I just didn't think the thing would handle power. Those egg carton type wings with nothing to strengthen them must be pretty amazing. I would have thought they would come apart in level flight with that much power.

Cool if you are making it work.
Old 01-26-2004, 03:52 PM
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SeenMCrash
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Default RE: Liability of Modification Kits?

FLYBOY, Do you have a Slow Stick? Are you aware that they have aluminum joiners holding fiberglass rods which greatly strengthen the wing? I agree, without those supports it definitely couldn't handle the .10s. -Andrew
Old 01-27-2004, 08:24 PM
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greenboot
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Default RE: Liability of Modification Kits?

How ironic that Flyboys signature states "Fly it till the wings come off". And in his posts, he warns about the serious problem of wings coming off.

Tom

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