Re: [PSUBS-MAILIST] Product liability - Cont

["Paul Kreemer" <paulkreemer@gmail.com>]

Joe, the important part of this to me is how this big 'IF' is determined:

if found negligent in a product liability wrongful death action.

From what I've read on this email list lately it's not at all clear to me how liability would be found in the USA. I think someone stated already that there are so very few homebuilt subs built and sold that there's no precedent.  Like in other cases, the homebuilt aircraft market might provide the most similarities, except that aircraft are FAA-certified and PSUBs are generally not ABS-certified.  Yes?

Here's a page describing some of the status of liability with homebuilt aircraft. http://www.aviationlawcorp.com/content/liabhomeblt.html#gara
  The link takes you right to a section on the General Aviation Revitalization Act of 1994 which set an 18yr limit on product liability for FAA-certified aircraft.  

I used to follow the kit aircraft world - it's great what you can buy and build - but I haven't kept up for years.   I do get the impression that the general aviation market is seeing innovation again.  

??

Paul

On 2/27/06, Joseph Perkel <joeperkel@hotmail.com> wrote:

Here's the Statute in Florida, what you have to pay for if found negligent in a product liability wrongful death action. Most States have similar thresholds.

768.21  Damages.--All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:

(1)  Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

 

Me no like it much!

Joe

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From: "Jon Wallace" <jonw@whoweb.com >
Reply-To: personal_submersibles@psubs.org
To: < personal_submersibles@psubs.org>
Subject: RE: [PSUBS-MAILIST] Product liability - Cont
Date: Mon, 27 Feb 2006 07:45:19 -0500

> I feel the issue is not about who's right or wrong but about personal risk management.  

> It's up to the individual to decide for them selves what   level of risk they are prepared to be personally responsible for. 

 

I agree completely. 

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