30 Nov 2025, 11:58 [ UTC - 5; DST ]
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 04 Nov 2015, 20:19 |
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Joined: 04/26/14 Posts: 1730 Post Likes: +791 Location: Phoenix, Arizona
Aircraft: Dreaming
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Username Protected wrote: I have enjoyed this site because the higher than the internet average civility. Again this thread is more like "Pilots of America". Please think before posting.
No one here, including me, knows the legal advise given. I do know that he was told there is no way to prevent litigation if someone does get injured in an accident. The owner has been thru a lawsuit and knows what a fiancial and emotional burden it can be. He did what made him comfortable.
Vans aircraft is getting sued because a builder used RTV on a fuel fitting that likely caused his and his granddaughters death. A local builder sold an uncompleted RV4 that the new owner got killed in. How do you think he feels. An RV10 builder died when he crashed for unknown reasons from cruise flight. Likely medical, but maybe not.
Many pilots go LSA because they are worried about getting a medical renewed. It does not mean the individual is doing something wrong. This guy would not fly if he knew he had a disqualifying medical problem but is worried about jumping through the FAA hoops.
The owner had many years of enjoyment flying the plane and has been at peace with his decision. Who are we to second guess what in no way effects us.
George Meketa RV8, N35, Cessna 180, PA12 Oh c'mon George. This gentleman opened the door to all comments when he posted it on YouTube. If he had humbly dismantled the airplane in the privacy of his hangar we wouldn't be talking about this. Okay, fine - let's leave the legal aspects off the table and stick to the obvious: this man's wealth hinders his common sense. There were many alternate options that would have zeroed his liability instead of casting away a perfectly good flying machine to airplane heaven. 
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 00:07 |
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Joined: 06/30/12 Posts: 84 Post Likes: +44 Location: Lavernia Texas
Aircraft: Rv8, N35, Cessna 180
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---------------------------------------------------------------------------------------------------- Oh c'mon George. This gentleman opened the door to all comments when he posted it on YouTube. If he had humbly dismantled the airplane in the privacy of his hangar we wouldn't be talking about this.
Okay, fine - let's leave the legal aspects off the table and stick to the obvious: this man's wealth hinders his common sense. There were many alternate options that would have zeroed his liability instead of casting away a perfectly good flying machine to airplane heaven.
Group,
----------------------------------------------------------------------------------------------------Again. Read the comments by many of the Beech members. This is much deeper than just "opened the door" comments. The members of this site would never put up with this amount of nasty comment under other conditions.
Also, I saw the pile of parts after disassembly. After removing tracable parts there was not enough to sell to make any real financial benefit. There was a lot I would have loved to have, like the owner I could see no real benefit to not just destroying everything. Sad to see, but not near as sad as I would have thought.
In reality it was just another RV that can be easily reproduced. Not a rare, antique, unique or exotic plane. This comes from an RV8 builder who has flown the destroyed plane and loves everything associated with aviation.
George Meketa Rv8 (1450 hours), N35, Cessna 180, PA12 (all at the same time)
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 00:22 |
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Joined: 11/07/09 Posts: 1402 Post Likes: +844 Location: North Florida
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whole video affair is kinda sad really to see on an otherwise good aviation site...goes to show you that wisdom and maturity doesn't necessarily come with age...the lack of civility is down right discouraging really...I've seen more maturity demonstrated from the average teenager--even troubled ones....
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 08:52 |
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Joined: 04/26/14 Posts: 1730 Post Likes: +791 Location: Phoenix, Arizona
Aircraft: Dreaming
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Username Protected wrote: Again. Read the comments by many of the Beech members. This is much deeper than just "opened the door" comments. The members of this site would never put up with this amount of nasty comment under other conditions. Sorry George but I'm just not seeing the nasty comments that you're referring to. I see good discussion on legal liability, good suggestions on alternatives to scrapping the airplane, and some humor mixed in. We'll just have to disagree on that. With respect to comparing this forum and this thread to Pilots of America, well that's just a flat out wrong characterization. Were you purposely trying to slap us all in the face? I sincerely and respectfully think your impression of our comments is off.
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 10:15 |
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Joined: 06/30/12 Posts: 84 Post Likes: +44 Location: Lavernia Texas
Aircraft: Rv8, N35, Cessna 180
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Group --------------------------------------------------------------------------------------------------- George but I'm just not seeing the nasty comments that you're referring to. I see good discussion on legal liability, good suggestions on alternatives to scrapping the airplane, and some humor mixed in. We'll just have to disagree on that.
With respect to comparing this forum and this thread to Pilots of America, well that's just a flat out wrong characterization. Were you purposely trying to slap us all in the face? I sincerely and respectfully think your impression of our comments is off. ---------------------------------------------------------------------------------------------------
There are plenty of not so well meant comments in the thread. Again, it is not the normal civility on this site. Many a good educational forum site has been destroyed like the "Pilots of America" site.
-Did I mention stupid -Makes me wonder why he is flying in the first place -The guy is either an expert in questionable decision making or there is something else going on -Why even fly at all if risk/liability is such a big deal for this guy. (Reply "right") -Cutting up a wonderful RV8 is a deed that makes a person undeserving to be an aviator -on this video this was someone wanting to make a statement, not someone truly worried about liability -I figure this guy is a "nut" -I have words to describe you, none are good./This guy reminds of those bratty kids you grey up that had nice things but would never share them, (exact words) -stupid -IMHO he's an attention seeker who loathed another pilot getting compliments over the plane he built. The video is his scheme to prevent that, continue to feed his own appetite for attention, and maybe even take a stab at trial lawyers -It sounds like he lost more than his medical -I doubt is he even met with an attorney. He probably conjured up this terrible idea on his own and justified it himself.- -internet much (what is that)
Discussion, suggestion, humor? Not in my eye.
George Meketa RV8, N35, Cessna 180, PA12
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 10:28 |
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Joined: 04/26/14 Posts: 1730 Post Likes: +791 Location: Phoenix, Arizona
Aircraft: Dreaming
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Simply repeating yourself three times is not going to change my position. You copied and pasted every post that disagreed with your viewpoint. The only thing that shows me is you are taking this thread personally. We are just going to have to agree to disagree. You judge a person by their actions. Nothing wrong with that even though you don't like it. 
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 10:54 |
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Joined: 06/30/12 Posts: 84 Post Likes: +44 Location: Lavernia Texas
Aircraft: Rv8, N35, Cessna 180
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Simply repeating yourself three times is not going to change my position. You copied and pasted every post that disagreed with your viewpoint. The only thing that shows me is you are taking this thread personally. We are just going to have to agree to disagree. You judge a person by their actions. Nothing wrong with that even though you don't like it.  Nishant Really? Surely you will get the last word. George
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 12:38 |
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Joined: 01/14/12 Posts: 2001 Post Likes: +1494 Location: Hampton, VA
Aircraft: AEST
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Username Protected wrote: This is just an overly conservative pilot who can afford to make any chance of litigation go away and did what he felt comfortable with.... Well, he hasn't mitigated all of his liability exposure. Watching that video caused me significant distress. I'm going to start a class to include every affected RV lover and we're going to sue! But back to LLC's and liability. What if I form an LLC for the purpose of building airplanes, which buys an RV kit which I assemble? Would that protect my personal assets?
NOPE
If you formed a LLC and hired some one to build it for you, that would be a good start, but no guarantee. You really would need to fund the LLC and hire someone to hire the person to assemble the plane. Even that doesn't guarantee there won't be a law suit, but it would be a terrific defense if one was filed.
Here's the deal:
https://en.wikipedia.org/wiki/Van%27s_Aircraft_RV-8
About 1300 RV-8s flying.
Here is a (I'm not saying 'the") RV-8 accident history: https://aviation-safety.net/wikibase/db ... AcType=RV8
43 Accidents 30 lives lost
Out of 1300 planes since 1998, and we know the fleet size wasn't 1300 for all 18 years!
Parting the plane (the pieces he built) out only spreads the pilot's liability over more planes, increasing the chance one would be involved in an accident (and generate a law suit).
Some assumptions:
Lets assume the builder is worth $100MM (He is going to be a target) Lets assume a life is worth 5MM Lets assume a 50% possibility of an award Lets assume 500K cost of defense (win or lose) guy's worth 100MM and he's been accused of actions resulting in one or more person's death 500K might be cheap.
Lets assume no law suit unless someone dies (I'm trying to make the math easy)
30/1300 = .023 x 10/18 = 1.28% chance of a fatality in his RV-8 in the next 10 years.
5MM x 50% = 2.5MM =500K = 3.0MM x 1.28 = $38,461.54
If we make one last reasonable assumption and cut the average fleet size by 1/2 (650) for the past 18 years that doubles the risk to $76,923.07.
Assuming he got 23K for the radios and engine and prop, he was whole if the plane was worth 100K.
No worries about having to defend his workmanship, no grieving widow, and a clean end to his investment in aviation.
Guy wasn't crazy or a fool.
He cared enough about aviation to be willing to assume the risk of flying his own plane (as we all do every time we taxi out and take off) but he wasn't willing to assume the risk of some other knucklehead's flying his plane (or parts of his plane).
Change the rules so that a individual who donates a plane to a aircraft mechanic's school is protected from liability if somewhere down the line that plane is flown and crashed and I'm sure he'd have made a different decision, change the rules so that in a civil suit the loser is held responsible for the winners legal bills, come up with a legal mechanism/law that would allow someone to sever their liability for something they've made and I'm sure this plane owner would have made a different decision, as it is I don't blame him at all.
_________________ Forrest
'---x-O-x---'
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 19:39 |
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Joined: 12/10/07 Posts: 8229 Post Likes: +7965 Location: New York, NY
Aircraft: Debonair C33A
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Username Protected wrote: If you have a disqualifying condition for your 3rd class medical then you aren't legal to fly LSA. Correct and absolutely the bottom line.......too bad that so many don't understand that fact.  I would like to see FAR which supports this assertion.
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 19:48 |
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Joined: 12/13/07 Posts: 20617 Post Likes: +10761 Location: Seeley Lake, MT (23S)
Aircraft: 1964 Bonanza S35
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Username Protected wrote: I would like to see FAR which supports this assertion.
From AOPA: FAR 61.53: Prohibition on Operations During Medical Deficiency Operations that require a medical certificate. Except as provided for in paragraph (b) of this section, a person who holds a current medical certificate issued under part 67 of this chapter shall not act as pilot in command, or in any other capacity as a required flight crewmember while that person: Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation; or Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation. Operations that do not require a medical certificate. For operations provided for in FAR 61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required flight crew member, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner. You may notice some ambiguity in the language of this regulation. There is no reference to any specific medical conditions. Vagueness is not unusual for the FARs, and in this case, it's a good thing, although it does make understanding and complying with the regulation a little more difficult. Hopefully, we can shed some light on the several ways FAR 61.53 can be interpreted. Part 67 of the Federal Aviation Regulations specifically mentions 15 medical conditions that are disqualifying by "history or clinical diagnosis." These include: A personality disorder that is severe enough to have repeatedly manifested itself by overt acts A psychosis Bipolar disorder Substance dependence (including alcohol) Substance abuse Epilepsy Disturbance of consciousness without satisfactory explanation of the cause Transient loss of nervous system function without satisfactory explanation of the cause Diabetes requiring oral hypoglycemic medications or insulin Myocardial infarction Angina pectoris Coronary heart disease that has required treatment or, if untreated, that has been symptomatic or clinically significant Cardiac valve replacement Permanent cardiac pacemaker Heart replacement
_________________ Want to go here?: https://tinyurl.com/FlyMT1
tinyurl.com/35som8p
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Post subject: Re: Video: Owner Chooses to Destroy RV-8 Due to Liability Posted: 05 Nov 2015, 23:49 |
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Joined: 12/10/07 Posts: 8229 Post Likes: +7965 Location: New York, NY
Aircraft: Debonair C33A
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Username Protected wrote: FAR 61.53: Prohibition on Operations During Medical Deficiency
Operations that require a medical certificate. Except as provided for in paragraph (b) of this section, a person who holds a current medical certificate issued under part 67 of this chapter shall not act as pilot in command, or in any other capacity as a required flight crewmember while that person: Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation; or Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the medical certificate necessary for the pilot operation. Operations that do not require a medical certificate. For operations provided for in FAR 61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required flight crew member, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner.
As far as I can tell, all of this, except for the bolded part, refers to operations which require medical certificate. Only the bolded part is related to LSA flying, and all it says that you cannot know of "any medical condition that would make the person unable to operate the aircraft in a safe manner". So if you, through self-certification, determine that you are able to operate the aircraft in safe manner, you are good to go. 
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