POH for EAB Aircraft

[Sam Buchanan]

"How much liability are you taking on when you furnish a POH with your plane when you sell it?" You would have more risk if you didn't have one.

Why would that be the case? The POH has no legal bearing whatsoever when it comes to describing the actual performance of an experimental aircraft. Matter of fact, many builders will state their POH is a cut-n-paste from one they found on the internet. But an aggressive attorney may indeed try to tie the builder to the POH as a guarantee of the aircraft's performance and operation.

Even if no builder has been "successfully sued", I don't want to even think about the expense and trauma involved in defending against a suit even if invalid.

When I sell an aircraft I have constructed, it is sold "As Is, no warranty or guarantee of airworthiness expressed or implied", and with no POH (even if I had one...).

[Vision401]

Why would that be the case? ...

Even if no builder has been "successfully sued", I don't want to even think about the expense and trauma involved in defending against a suit even if invalid.

When I sell an aircraft I have constructed, it is sold "As Is, no warranty or guarantee of airworthiness expressed or implied", and with no POH (even if I had one...).

Sam,
I think you are arguing with cross purposes. Your "As Is.." would not prevent a lawsuit that you would have to spend money to defend with or without a POH.
I didn't say liability, I said risk. If you sell an EAB and you sell it with an Airworthiness Cert (not sure if that is what you meant by guarantee of airworthiness), but not a POH to tell them HOW to fly it. You are increasing the risk that the new owner would fly it improperly.

To reduce your liability, don't sell an aircraft with an Airworthiness Cert but As Parts Only, and giving up the registration as well. Of course that may influence the selling price. If you are selling an aircraft with the AC, then having a POH is good practice, if it sells without an AC, the POH wouldn't matter. I think you are fooling yourself if you think that the "As is..." is legal protection if you also sell with the AC and Registration intact. An there is no certainty that selling "parts only" will not get one sued as the lawyers do what they want in chasing the almighty $.

[rwanttaja]

How much liability are you taking on when you furnish a POH with your plane when you sell it?

Probably no more than having built or maintained the thing in the first place.

Ron Wanttaja

[Mike M]

If one follows AC 90-89A on test flying we get:

(pssst - http://www.faa.gov/documentLibrary/m...cular/AC_90-89B.pdf)

"Flight Manual. It is imperative that a flight manual describing the anticipated performance of the aircraft be written by the aircraft builder/kit manufacturer. The manual will be revised several times during the flight-test phase until it accurately reports the aircraft’s performance, as well as limitations, normal and emergency procedures, and descriptions of those systems installed."

So. Revisions to the manual are expected. If you have one. Advisory circulars are advisory, not regulatory.

Your smileage may vary.

[Sam Buchanan]

Sam,
I think you are arguing with cross purposes. Your "As Is.." would not prevent a lawsuit that you would have to spend money to defend with or without a POH.
I didn't say liability, I said risk. If you sell an EAB and you sell it with an Airworthiness Cert (not sure if that is what you meant by guarantee of airworthiness), but not a POH to tell them HOW to fly it. You are increasing the risk that the new owner would fly it improperly.

To reduce your liability, don't sell an aircraft with an Airworthiness Cert but As Parts Only, and giving up the registration as well. Of course that may influence the selling price. If you are selling an aircraft with the AC, then having a POH is good practice, if it sells without an AC, the POH wouldn't matter. I think you are fooling yourself if you think that the "As is..." is legal protection if you also sell with the AC and Registration intact. An there is no certainty that selling "parts only" will not get one sued as the lawyers do what they want in chasing the almighty $.

There is no way to be assured a law suit will not occur regardless of how the sales agreement is worded or the sale is transacted. Take a look at the 40-page "liability release" that Ikon dropped on their prospective customers....but they will get sued by someone regardless. My use of "As Is" may have some value in clarifying the conditions of the sale but it won't prevent the seller or his estate from doing whatever they wish. This is a train of thought I ponder every time I sell an aircraft. Interestingly, as my tolerance for "risk and liability" has decreased with time, it is more likely my two present planes will not be sold intact.

I agree I did misread your use of "risk" instead of liability.

I posted my query concerning the inclusion of a POH with a sale merely to see what others thought. I agree it probably won't be much of a factor but I personally don't see any value in providing a POH, and there may be a downside if the buyer can't duplicate the performance stated in the POH. I haven't written one for any of my planes.