Re: [PSUBS-MAILIST] Product liability?

["Sean T. Stevenson" <cast55@telus.net>]

Where the law doesn't address the problem, you take your chances with 
what may be considered reasonable under the circumstances.  How you 
choose to dispose of a no longer wanted psub depends on your personal 
level of paranoia I guess.  Personally, I think if you exercise a 
reasonable amount of diligence in determining the condition of the 
vessel and dislosing that condition fully to a potential buyer, as well 
as having documentation for its operation and any drawings or technical 
publications relevant to the vehicle and its subsystems, and that you 
personally attend a checkout of the buyer to verify competency in 
operation, or where necessary, provide training in operation, I don't 
think a reasonable person would conclude that you abdicated your 
responsibility.  With this in mind, though, it is a good idea for the 
homebuilder to at least have the ABS guidelines (or similar) for 
reference when constructing a new sub.  Obviously, you may not build it 
to code - since this means a huge difference in cost for reasons that 
are often not relevant to a homebuilder; however, you have the 
opportunity to stick to the guidelines wherever practical, and if you 
document this during construction, that is one more thing acting in your 
favour.

-Sean





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