rer. If the kit manufacturer selected sub-standard materials for any of the parts or components sold as part of the Barnett, 3kit the manufacturer can be exposed to liability. Kit manufacturers being a commercial seller of a massed produced product are held to a higher standard than a homebuilder. (Kolczynski, 5) Liability for homebuilders depends on certain things. A homebuilder buys plans, components, and raw materials from a kit manufacturer. The builder follows the design and uses all part in the kit without modification. After the proper inspection, the homebuilder is issued the temporary airworthiness certificate. If a crash occurs because of a product defect, which can be traced, to the original design or kit components, the kit manufacturer will be held liable. If the homebuilder does not follow the design and kit assembly instructions, or modifies a portion of the design or components, he can be held liable if the plane crashes. The kit seller will have to show that the finished product is not in conformity with his design or that his components have been significantly altered. Kit manufacturers have a few things on their side: Modification of the original design and sometimes-pilot error. Even with modification of homebuilt, manufacturers are still held liable because courts will protect the consumers at the expense of the manufacturer. (Kolczynski, 7) Take the John Denver crash for instance. On October 12, 1997 a Long-EZ piloted by John denver crashed at about 5:30 in the afternoon in the Pacific Ocean near Monterey, California. Denver was an experienced pilot with over 2,750 flight hours. He had flown a number of factory built aircraft but this Long E-Z was his first homebuilt. According to the NTSB investigators, Denver was practicing takeoffs and landings at Monterey Peninsula Airport. Denver was departing to the west when the airplane banked sharply and crashed into the ocean from an altitude of a...
