Liability Releases, Insurance, etc?

Skymac

Skymac

Pre-takeoff checklist
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Justin
Just stumbling across the forums here after searching google. Seems like a great place to share and add information.

Is anyone out there operating any "joy-ride" or barnstorming type operation? I currently own a Decathlon and I will be doing some tailwheel checkouts, upset training, etc in it but no solo rental. I've also been pondering about doing some barnstormering flights with very light acro if the passenger wants. Just trying to cover my bases so I'm thinking I should maybe get a release of liability statement wrote up, CFI insurance, etc. Anyone have experience with this? I've already got a legal airplane as far as 100 hour, parachutes, etc.

Justin
 
You buy insurance so they will cover you in the event of a lawsuit.

Then you try and not eff up.


(Consult a real lawyer in your state if you want to find out just how worthless release forms, LLCs, etc. are (or are not) in your particular case. You will get lots of bad advice here.)
 
Yea fair enough, that's the plan anyhow. I just figured I'd see what others have done for giggles. At the end of the day, I'm pretty sure anyone can get anything if they find the right attorney. Gotta love our awesome society!
 
A release may help you a bit, but a release won't disclaim gross negligence, nor can it prevent others from suing (like the family).

Proper insurance in suitable limits is probably your best bets.
 
Liability releases for instruction are not common but they exist. As others have said, their scope and enforceability varies - a lot - from state to state, with some states being quite friendly to them and others decidedly unfriendly.

If it's important to your business model, you really do need to discuss it with an attorney in your state.
 
Keep in mind it better be flight instruction and advertise as such, if you're doing scenic flights you need a LOA nowadays, anti drug program, etc.
 
I am not a lawyer, but based on past research, here are my thoughts:

As others have said, liability releases may offer you protection from the party(ies) who sign, but likely will not protect you from other "interested parties" who could claim damage, such as family. An individual may be able to waive his right to a claim, but generally cannot waive another person's right. For that reason, I consider liability releases to be of limited value, because rarely are all interested parties reachable to be signatories to a waiver.

Insurance is probably the best bet for most folks, but if you have substantial assets, it may not be enough.


JKG
 
Capt. Geoffrey Thorpe said:
You buy insurance so they will cover you in the event of a lawsuit.

Then you try and not eff up.


(Consult a real lawyer in your state if you want to find out just how worthless release forms, LLCs, etc. are (or are not) in your particular case. You will get lots of bad advice here.)
Click to expand...

Great advice here! Especially the part about getting bad advice here... Consult a lawyer.... DON'T trust anything you read here except what I'm saying :D
 
Here is my bad advice. As has been wisely stated already, ask a lawyer in your state and preferably one with aviation experience. I'd also ask some of the better known Flight Schools & CFIs around the country who do this sort of training all the time what their experiences have been and if they would provide you copies of their releases. You might find a clause or two in theirs that neither you or your lawyer thought of.
 
Only ask a lawyer who has represented folks in aviation matters, especially ones like what you're trying to prevent.

Lawyers, docs, CPAs, I've found you need to find ones who have worked with aviation matters, otherwise you're not only paying for them to learn, you're also paying professional rates for a first timer, not a good deal.
 
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