Buzz, you're right on regarding Icon's liability in this. For 100 years, pilots have been taught that low flying is a hazardous activity to be avoided when possible. Now Icon claims they have a "safe" way of doing it...a claim negated by the two first fatal accidents. Maneuvering flight at low altitude has a very high fatality rate...about 67% of the accidents are fatal, vs. 12% of accidents caused by engine mechanical failure. Ain't much you can do to make it much safer.

However, I must gently point out, as far as the "In the line of causality" argument, that juries are involved, and they're often swayed by emotion. There are plenty of examples of large judgements against manufacturers despite the pilot's own contribution to the accident chain.

Ron Wanttaja