Legality/Liability of freelance work on GA aircraft

[Unserviceable]

Hey there, I had a read through some of the topics on General aviation maintenance and insurance but it didn't quite answer some of my questions on AME Freelance work. Im licensed M1/M2 but I haven't worked very much on piston aircraft, just big AMOs and there's an owner that wants me to just do small stuff on his aircraft like replacing wiring, lights, checking sparkplugs etc but I'm concerned with liability and legality. His aircraft isn't owner maintained but is usually repaired at another airport a 30min flight away and he was wondering if I could help him out with the small stuff.

I'm unfamiliar with general aviation and freelance work but wouldn't mind to help my friend out. I've heard you need a subscription to the current maintenance manuals online (atp.com) that can cost upwards of a thousand a year. Is that true? I'm assuming transport canada want's you to be subscribed to the most up to date version of a manual made in the 60's and not just some copy which probably hasn't changed a thing. Also is insurance needed and if so how much does it usually run?
Regarding elementary maintenance(http://www.tc.gc.ca/eng/civilaviation/r ... a-2458.htm) I don't understand how owners can even do some of these tasks without needing some reference to the maintenance manual if never doing it before or proper tooling let alone an AME. Can i just do whatever maintenance I can in reference to the AC43.13? Any input would be appreciated and I wouldn't mind being told just to drop the whole thing if its just a hassle. I've worked mostly on turbine aircraft but only several months on small piston.

[photofly]

Regarding elementary maintenance(http://www.tc.gc.ca/eng/civilaviation/r ... a-2458.htm) I don't understand how owners can even do some of these tasks without needing some reference to the maintenance manual if never doing it before or proper tooling let alone an AME.

"Elementary work" doesn't mean you don't need to refer to the maintenance manual or that you don't need experience and the proper tools. The work still has to be done correctly. It's just a recognition that for certain tasks you don't need to be an AME to carry out the tasks legally.

[Heliian]

It sounds like you're not quite comfortable with the idea of signing out your buddies aircraft and hence i would say to not bother with it yet. Get acquainted with the type first before jumping in too deep. When in doubt, quote the 4313.

[Big Pistons Forever]

I know several AME's that work for AMO's that won't sign out a private aircraft. All of them are concerned that if there was an accident they could be sued.

I believe a local AME that does sign out private aircraft has purchased liability insurance to cover himself.

[iflyforpie]

I wouldn't do it unless I had insurance, and there isn't enough of this type of work to justify insurance costs--especially since most of these guys are looking for a $500 signature anyways because their friendly neighbourhood AMO is too expensive.

That's what owner maintenance is for. Tell your friend you'll be happy to do all of those things for a fee if he gets his x punch out and signs all the releases.

[212wrench]

Lawyers don't believe in friendship.

[photofly]

I know several AME's that work for AMO's that won't sign out a private aircraft. All of them are concerned that if there was an accident they could be sued.

Does anyone know of an AME who's been sued in Canada?

I'm not talking about someone hoping to recover the cost of re-doing an AME's poor work, for which no insurance company will help you. I'm talking about "you botched my dead husband's aircraft engine and he died in a crash because of your negligence" kind of thing. Anyone? Anywhere? Ever?

[040hurts]

When a plane goes down killing someone, everyone gets sued. The aircraft manufacturer, engine manufacturer, AME, Pilot, airline, aircraft fueler, anyone who has been around that airplane before the accident. It is then up to all parties involved to hire lawyers to prove that they weren't at fault for the accident. I know several people who have been sued, even though they didn't cause the accident, you want insurance to cover the legal fees.

example: 45 hours after an oil change, a small single engine Cessna crashes killing the pilot/owner. It is determined that internally a piston rod failed causing the engine to stop. The widow will hire a lawyer who will sue Cessna, lycoming/continental, and the AMO or AMEs who conducted the last inspection, anyone who could remotely be at fault will be named in the lawsuit. Even if you did nothing wrong, the filters were fine, compressions were good etc, you will still be dragged in.

If you have insurance, your insurance company will hire a lawyer for you and them (so it will be a good one) to defend you. He will review what you did and try and prove that someone else is at fault. Say lycoming for making a lousy con rod.

If you don't have insurance you will have to hire a lawyer and have him defend you. all costs coming out of your pocket and any settlement that may occur due to your neglect

It's no different than being in a car accident and having the other driver sue you. When you are served read the notice and there will be a laundry list of charges against you, and it's up to you and your lawyer to prove that they aren't true

[photofly]

I understand the theory. But to whom has this happened?

[Big Pistons Forever]

I understand the theory. But to whom has this happened?

I know of an AME that was sued. There is no way I am going to post his name or any details about it in an anonymous web site.

Why are you insisting on the name of an AME that has been sued ? Is it because you really believe that no AME that signed out his work under his own license, not as an ACA of an AMO, has ever been sued ?

[Meecka]

Lawyers don't believe in friendship.

I'm willing to bet neither will the "friend" or the "friend's" widdow should things go tango uniform.

[photofly]

I understand the theory. But to whom has this happened?

I know of an AME that was sued. There is no way I am going to post his name or any details about it in an anonymous web site.

Why are you insisting on the name of an AME that has been sued ? Is it because you really believe that no AME that signed out his work under his own license, not as an ACA of an AMO, has ever been sued ?

I'm not insisting on a name, I don't want a name. I'm just sceptical that Canada is a sufficiently litigious society that "I might get sued" should stop someone diligent from working. Pretty sad if that's the case, we might as well live in the U.S.

[NeverBlue]

I've asked the same question and have never got an answer.

I know of an AME that got sued...but they continually over years broke the laws and regulations that govern our industry.
...and finally killed a number of people as a direct result of breaking those laws and regulations.

No insurance could help that AME.

Other than that, in almost 30 years I have never seen or heard of an AME getting sued as a result of maintenance they performed on an aircraft.

Questioned in an investigation yes...but sued, never

[Bede]

Photo fly,

I know of one (I guess technically it was his employer). AME installed a fuel selector 90 degrees off (L was off, both was L, etc). This resulted in an engine failure bit no damage to the aircraft.

Owner sued in small claims court to get his money back.

I'm not an AME but I wouldn't sign anything out without insurance. Even if you're not negligent the lawyer fees alone will bankrupt you.

[longjon]

I think that worst case senario where the widow sues everyone could happen in the USA but not Canada, I believe there are laws preventing such a thing.

I've not heard of a case where the AME gets sued either, not saying this never happened just in 40 yrs I don't know of a any.

[NeverBlue]

The person I was talking about actually went to jail before they got sued.

[photofly]

Photo fly,

I know of one (I guess technically it was his employer). AME installed a fuel selector 90 degrees off (L was off, both was L, etc). This resulted in an engine failure bit no damage to the aircraft.

Owner sued in small claims court to get his money back.

I'm not an AME but I wouldn't sign anything out without insurance. Even if you're not negligent the lawyer fees alone will bankrupt you.

Ok... I appreciate the information. May I please I emphasize the bit about "sued to get his money back" and point out the difference between being sued for poor work (and it sounds like it was, and he deserved to pay to have it fixed - and therefore it never would have reached court) and being sued for consequential losses by someone's estate.

[John Bull]

His aircraft isn't owner maintained but is usually repaired at another airport a 30min flight away and he was wondering if I could help him out with the small stuff.

I must be having a senior moment. Under whose AMO had you planned to sign this off? Do you have an AMO? Does your friend?

[photofly]

you don't need an AMO for repairs to a privately registered aircraft. Except for specialized work, any AME, appropriately qualified, can issue a maintenance release.

[HiFlyChick]

I know of a case where the AMO was sued over a rental aircraft crash. Pilot error from black hole effect but the grieving family was latched onto by lawyers and sued the CFI of the FTU, the AMO, and the school itself - and I emphasize - there was nothing wrong with the aircraft, they flew it into the ground. Had the pilots owned their own aircraft, I'm sure the family would've still sued whomever maintained it - no one wants to think that their family member is dead because he screwed up. Much easier to blame the guy who fixes the aircraft - it must've malfunctioned.....

I don't think anything came of it, but you still need to hire a lawyer, which if you don't have insurance can be costly