Pilots of America Message Board

Home Live Chat
Go Back   Pilots of America Message Board > Pilot's Lounge > Hangar Talk

Hangar Talk Open forum for discussion of any topic you like, aviation related or otherwise (but no spin zone material, see below).

Virtually all topics in this forum are permitted - so long as they are discussed in a civil manner.

NOTE: Politics and religion and any other topic likely to become highly charged must be posted in The Spin Zone. To gain access to the Spin Zone, click this link and join the Spin Zone group.

Reply
 
Thread Tools Display Modes
Old January 28th, 2011, 12:01 AM   #1
3934V Tom-D is offline
(User ID: Tom-D)
Touchdown! Greaser!
 
Tom-D's Avatar
 
Join Date: Feb 2005
Posts: 15,881
Pre-Buy liability

What liability does the inspector have when they are doing a prebuy?
Tom-D is offline   Reply With Quote
Old January 28th, 2011, 12:09 AM
Posted in reply to Tom-D's post "Pre-Buy liability"
  #2
Wayne wabower is offline
(User ID: wabower)
Touchdown! Greaser!
 
wabower's Avatar
 
Join Date: Sep 2008
Posts: 12,018
Re: Pre-Buy liability

To whom?

Quote:
Originally Posted by Tom-D View Post
What liability does the inspector have when they are doing a prebuy?
wabower is offline   Reply With Quote
Old January 28th, 2011, 01:11 AM
Posted in reply to wabower's post "Re: Pre-Buy liability"
  #3
3934V Tom-D is offline
(User ID: Tom-D)
Touchdown! Greaser!
 
Tom-D's Avatar
 
Join Date: Feb 2005
Posts: 15,881
Re: Pre-Buy liability

Quote:
Originally Posted by wabower View Post
To whom?
To both parties.
Tom-D is offline   Reply With Quote
Old January 28th, 2011, 01:57 AM
Posted in reply to Tom-D's post "Re: Pre-Buy liability"
  #4
Wayne wabower is offline
(User ID: wabower)
Touchdown! Greaser!
 
wabower's Avatar
 
Join Date: Sep 2008
Posts: 12,018
Re: Pre-Buy liability

Which two? Who hired him?
Who's paying him? What is the scope of work for which he is hired? How is that developed and communicated to the customer? Why would his liability be any different for a pre-buy than for any other inspection?

QUOTE=Tom-D;671750]To both parties.[/QUOTE]
wabower is offline   Reply With Quote
Old January 28th, 2011, 02:15 AM
Posted in reply to wabower's post "Re: Pre-Buy liability"
  #5
CountryAir Richard is offline
(User ID: Richard)
Final Approach
 
Richard's Avatar
 
Join Date: Feb 2005
Location: West Coast Resistance
Posts: 7,937
Re: Pre-Buy liability

Apparently an inspector is open to liability beyond 43.12.

http://www.avweb.com/news/savvyaviat..._196570-1.html
__________________
"part materials change, old wives tales don't." ~Tom Downey

...glideslopes don't use runways as the reflecting plane, ever. ~ Flight check pilot
Richard is offline   Reply With Quote
Old January 28th, 2011, 02:51 AM
Posted in reply to Tom-D's post "Pre-Buy liability"
  #6
iHenning Henning is offline
(User ID: Henning)
Taxi to Parking
 
Henning's Avatar
 
Join Date: Feb 2005
Location: Imperia Italy
Posts: 34,934
Re: Pre-Buy liability

Well, if he uses a standard disclaimer paragraph (...believe particulars to be true by the limited scope of the inspection blah blah blah) like a marine surveyor does, his liability is pretty much limited to what ever he physically screws up during the process of the inspection unless it can be shown that the inspection was fraudulent, grossly negligent or corrupted.

Last edited by Henning; January 28th, 2011 at 02:53 AM.
Henning is offline   Reply With Quote
Old January 28th, 2011, 02:57 AM
Posted in reply to wabower's post "Re: Pre-Buy liability"
  #7
iHenning Henning is offline
(User ID: Henning)
Taxi to Parking
 
Henning's Avatar
 
Join Date: Feb 2005
Location: Imperia Italy
Posts: 34,934
Re: Pre-Buy liability

Quote:
Originally Posted by wabower View Post
Which two? Who hired him?
Who's paying him? What is the scope of work for which he is hired? How is that developed and communicated to the customer? Why would his liability be any different for a pre-buy than for any other inspection?

Quote:
Originally Posted by Tom-D View Post
To both parties.

Those are the key points right there. Every other inspection an IA performs has a scope and details spelled out by the manufacturer. "Prebuy" in and of itself is undefined in scope and depth.
Henning is offline   Reply With Quote
Old January 28th, 2011, 03:21 AM
Posted in reply to Tom-D's post "Pre-Buy liability"
  #8
DenverPilot denverpilot is offline
(User ID: denverpilot)
Touchdown! Greaser!
 
denverpilot's Avatar
 
Join Date: Nov 2009
Location: Denver, CO
Posts: 22,275
Send a message via ICQ to denverpilot Send a message via AIM to denverpilot Send a message via Yahoo to denverpilot Send a message via Skype™ to denverpilot
Re: Pre-Buy liability

I was going to state it simply, "What's in the contract?", but Henning covered it.

Anyone can be sued for anything and unlike some countries where the law states, "Loser pays.", you usually find the legal bill will bankrupt you long before the damages are awarded.

Money spent up-front for a good attorney to set up the LLC, write the standard contracts, and get all the legal ducks in a row are usually money wasted... Right up until the supoena arrives by special delivery.

The usual answer for attorneys to the question of "How much liability do I have?", is... "How much have you got?" A few paperwork roadblocks set up by their peers usually slows them down enough to stop at the negotiating table, and carrying liability insurance that's appropriate for what's being done, isn't to pay for the damages... It's to engage the free fleet of insurance company attorneys backing that insurance.

The more and better insurance, the more guys making six-figures show up on your side.

Cynical, yes. True, though. Ask Cessna how much money a 20 year old improperly maintained seat-track cost them.
__________________
--
Nate Duehr, PP-ASEL, Instrument Airplane
N1279M KAPA C-182P Robertson STOL
denverpilot is offline   Reply With Quote
Reply
Home Register New Posts Today's Posts
Go Back   Pilots of America Message Board > Pilot's Lounge > Hangar Talk

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
pre-buy in west texas kevin7500 Maintenance Bay 8 February 19th, 2010 11:09 AM
Seeking pre-buy recommendations GaryO Maintenance Bay 28 July 22nd, 2005 03:55 PM
Pre buy begins on the Pressurized Baron Dave Siciliano Flight Following 15 May 22nd, 2005 08:39 PM
Apache Pre-Buy in Chicago rpadula Maintenance Bay 1 April 21st, 2005 12:28 PM
Cessna 182 pre-buy Frustration Joseph DeFelice Hangar Talk 16 April 14th, 2005 09:25 PM


All times are GMT -4. The time now is 01:00 AM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
(c) 2005 - Pilots of America