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Old 09-07-2010, 12:53 PM
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Default RE: Mid Air...need advise


ORIGINAL: Charlie P.


ORIGINAL: lablover


As far as not talking to a club officer...What if it was a club officer that hit me!! not saying it was but it might have been.
Talk to the club safety officer. The board are generally clueless (I should know, I'm currently in my third term).
Great answer Charlie!
LMAO
I liked it so much, I gave you 5 points for it!
Hysterical!!!
Old 09-07-2010, 12:55 PM
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Default RE: Mid Air...need advise


ORIGINAL: Airplanes400

When you sue in court and win, you also get your attorney fees paid by the losing party. So, now ask the guy who was at fault, ''Do you want to pay me for the cost of the plane, or do you want to pay my attorney too?''

Unfortunately, we've become a litigious society, ready to sue anyone for anything at a moment's notice. This is why insurance rates on anything is ridiculous today. Just ask any Doctor.
Old 09-07-2010, 01:06 PM
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Default RE: Mid Air...need advise

I would prefer not to sue. But if no other option is available because the person would not be man enough to pay up, or admit to their responsibility, then a lawsuit is the last resort to solve the situation.
Old 09-07-2010, 01:08 PM
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Default RE: Mid Air...need advise

Yes, with aerobatics on the downwind leg. Also, would be much more fun just having everyone fly all different ways without a care in the world.....Hey wait, don't real planes fly a pattern for a reason??????????
Horizontal eights and Cuban eights would not be possible, even loops change direction.

The reason for a pattern for full size is because they carry people. The pattern is to put airplanes at specific altitudes at places relative to the position from the runway. But even that is not set in stone, since you may enter the airport's airspace from multiple vectors.

We fly toys. Toys break. Get new toys.
Old 09-07-2010, 02:08 PM
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Default RE: Mid Air...need advise

ORIGINAL: Airplanes400

If I was at fault, I WOULD pay for the other guys' plane ... no questions asked, and immediately. If someone says they never saw it coming, then they were not paying attention.

And just as in a head on collision with cars ... sue!! Make the guy who was at fault, pay for the damages. Then, LET HIM GET OVER IT.
Well in my state, if someone gets in an accident it's no fault. Your own insurance pays for it. Are you really going to pay $50 in court fees and miss a day of work to sue him in small claims? People need to get a life
Old 09-07-2010, 02:13 PM
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Here we go.....I almost figured this was going to happen eventually. Those that helped thank you.

Can we let it rest now...It's starting to get...."Child Like"
Old 09-07-2010, 03:10 PM
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ORIGINAL: Pilotsmoe

ORIGINAL: Airplanes400

If I was at fault, I WOULD pay for the other guys' plane ... no questions asked, and immediately. If someone says they never saw it coming, then they were not paying attention.

And just as in a head on collision with cars ... sue!! Make the guy who was at fault, pay for the damages. Then, LET HIM GET OVER IT.
Well in my state, if someone gets in an accident it's no fault. Your own insurance pays for it. Are you really going to pay $50 in court fees and miss a day of work to sue him in small claims? People need to get a life
As I said, I would do all that (sue) if another person was at fault for wrecking my plane. Just because someone doesn't want to do the right thing (in this case, pay for the plane), doesn't mean they should get away with it.

Lablover, We all have different opinions as to your situation. I can't fault you for yours, it is more than kind that you let someone get away with wrecking your plane. I just could not do that. I hope you never have that experience again. Best of luck and enjoy the hobby.
Old 09-07-2010, 03:27 PM
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Default RE: Mid Air...need advise

that you let someone get away with wrecking your plane.
Was the crash intentionalprobably not. Deliberate distruction is ground for a sut, but I seriously doubt accidental damages would be considered grounds for a judgement. Get real. Accidents happen.
Old 09-07-2010, 03:35 PM
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Default RE: Mid Air...need advise

I feel your pain, I think I have had 6 midairs in the last 15+ years of this.....Got 3 back on the ground, the other 3, gone. One of them survived one mid air and died from another about 3 months later!!!

2 of the 3 lost were fully decked out sport turbines (Bandit and Bobcat). Never saw a dime nor expected one.

IMHO, there is precisely a 0% chance of proving a midair is one person or the other's fault.....not 5%.....not 0.1%...... but 0%
Old 09-07-2010, 04:37 PM
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Default RE: Mid Air...need advise

Accidental damages can be sought after in a lawsuit. In this case, as described, the accident was the fault of someone flying "out of the pattern." That's called negligence, and probably also creating an unnecessary hazard. People are held accountable for their negligence and the lack of due diligence.

Anyway, if someone's bad flying habits result in a mid air with one of my planes, I will sue if the person does not pay for my plane. If that ever happens, I'll let you know how it turns out.
Old 09-07-2010, 04:46 PM
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Man, did I ever open a can of worms
Old 09-07-2010, 05:30 PM
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ORIGINAL: Airplanes400

Accidental damages can be sought after in a lawsuit. In this case, as described, the accident was the fault of someone flying ''out of the pattern.'' That's called negligence, and probably also creating an unnecessary hazard. People are held accountable for their negligence and the lack of due diligence.

Anyway, if someone's bad flying habits result in a mid air with one of my planes, I will sue if the person does not pay for my plane. If that ever happens, I'll let you know how it turns out.

Of course if you can prove negligence you can prevail.

The trick would be proving what "out of the pattern" means, (and the inherent negligence of this) to the satisfaction of a judge and/or a jury. Good luck on that one.

Some bedside reading:

http://en.wikipedia.org/wiki/Assumption_of_risk
Old 09-07-2010, 05:40 PM
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Default RE: Mid Air...need advise

Bummer for sure. I once was at a jet meet and 2 guys managed to mid air at 150-200 mph! Wow ! one came managed to land with only a missing nose cone and the other a total flaming loss including the brand new turbine engine for $3000.00 Afterwards they shook hands and like Forest Gump says **it happens. But I would bring it up at the next meeting that everyone needs to be going the same way and try to let others know what your doing, t&g,loops, etc. Good luck with that next project!
Old 09-07-2010, 05:51 PM
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Default RE: Mid Air...need advise

Ok... time to lock it down. We've gone beyond reasonable discussion and are into litigation and other ugly discussions.

Say good night, Dick.

Good night Dick!!!

CGr.

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