> I've been following this story. My query is this; What would happen if
a
> plane flew into your Amateur Radio
> tower(s), who would be responsible for replacing your costly investment?
In
In the US? It's probably gonna depend on who has the best lawyers. Unless
the pilot had an engine failure it's his fault. Even then the pilot is
expected to avoid structures "IF HE CAN SEE THEM"
However, even if the pilot was breaking the FARs the only way you'd get the
money would be to sue, or if insurred let the insurrance company handle it.
If you are not insurred, you are pretty much stuck even if it's the pilots
responsibility as a lawsuit could take time and money. Then assuming he had
enough money to pay (not all pilots are rich. To the contrary, most fly old
airplanes or join clubs).
Assume he has enough, you win the lawsuit and he doesn't pay. Only in some
instances will the court make sure you get your money. So it's back to
court again.
> this situation, the pilot was killed, and the suit was against his estate.
> Anybody know of a situation of that ilk? 73 -- Mark AA6DX Far Northern
Estates can sue or be sued. Look at the senator that was killed a year or
two back. It was, according to the FAA, spacial disorientation, yet his
estate is suing the aircraft manufacturer and the equipment manufacturer and
making claims counter to the NTSBs findings.
Another case of the deep pockets syndrom.
Roger Halstead (K8RI, EN73 & ARRL Life Member)
N833R, World's Oldest Debonair (S# CD-2)
www.rogerhalstead.com
> California
> -------------------------------------------------------------------
>
> Communications Tower Drops Lawsuit Against Quebec Widow
>
> But Will Profit If Other Suits Are Successful
>
> Communications tower owner SpectraSite has dropped its lawsuit against the
> Canadian widow of a pilot who crashed into its tower three years ago. But
> don't think the company did so out of the kindness of its heart.
> "It was actually a misunderstanding of Canadian law," Jean-Francois
Lebrun,
> Canadian spokesman for the North Carolina-based company, told the Canadian
> Press. "They (Spectra officials) have given orders to their lawyers today
to
> dismiss the case against the estate and they'll go strictly with the
> insurance company."
> Instead, SpectraSite will benefit from the other lawsuits already filed by
> broadcasters against the estate of Gilbert Paquett. If they win,
SpectraSite
> automatically wins as well.
> Three years ago this month, his Cessna slammed into a broadcast tower in
> central Quebec. His body and the wreckage remained tangled in the tower's
> structure for five days until a demolition crew was able to recover them.
> But that still leaves four other lawsuits pending against widow Francoise
> Jolin, who said she was stunned to learn that she and her three
college-age
> children are the targets of $4.1 million in claims.
> "It's a very sad story," said Lebrun, "and we didn't want to put any extra
> pressure on her or extra grief. She didn't need that but it's done now and
> we are trying to do better."
> In a statement released to ANN, SpectraSite president Stephen Clark
> apologized for filing the suit in the first place. "Our deepest sympathy
> remains with the family of Mr. Paquette," he wrote.
>
> FMI: www.copa.ca
>
>
> _______________________________________________
>
> See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless
Weather Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any
questions and ask for Sherman, W2FLA.
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
|