Imagine that you are looking to purchase a new automobile. You finally find the vehicle that meets all your requirements. As you are signing all the paperwork involved with that purchase, you discover there is a clause in the contract that states you are waiving your right to sue the car manufacturer if you are in an accident. Most people would probably tear up that contract and walk right out of that dealership. Yet that is exactly what ICON Aircraft is requiring customers to sign in order to purchase their A5 model.
The A5 is an amphibious light sports aircraft which was first unveiled to customers in 2008. Although customers began putting deposits on the aircraft shortly after that unveiling, eight years later they are still waiting for delivery. And the original price has jumped from $139,000 in 2008 to $207,000. Several months ago, many who put deposits down received a purchase agreement from the company which basically waived ICON of any responsibility for any plane accidents which may occur with the A5.
The contract went so far as to say that even if the aviation accident was caused by a design defect in the plane, that the owner and pilot “knowingly assume” these risks on their behalf, as well as on the behalf of their “successors.” With this contract, ICON was basically telling owners that even if the plane crashes from a design defect that isn’t known or public yet, the owner is still responsible since the owner should have known there is always a chance of a defect or design flaw in what they are purchasing.
Needless to say, this absurd clause caused an outrage among potential buyers of the A5. So, the company tweaked the contract, still trying to absolve themselves of any liability for any plane crashes which may occur.
The new clause states that ICON cannot be held responsible for any aviation accident the National Transportation Safety Board (NTSB) rules is not their fault. Although that may seem reasonable, the NTSB’s investigation procedure for plane crashes can be flawed. For example, while investigating a plane crash, the agency actually invites the plane’s manufacturer to assist in that investigation. This is referred to as the “party system.” Given this is how plane crash investigations are conducted, it is no surprise that in the majority of these investigations, the plane crash is blamed on pilot error.
For further information about the risks associated with airplanes and what to do if you are involved in a plane crash, our Virginia aviation attorneys offer this free airplane accident safety guide.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
Comments for this article are closed.