pproximately 350 feet. The plane had only fifteen gallons of fuel onboard in the main tank when Denver took off. Barnett, 4The fuel selector handle was positioned in an awkward place, directly behind the pilots left shoulder. The NTSB stated that a probable cause of the accident was the pilots’ diversion of attention from the operation of the aircraft. It is believed that Denver inadvertently applied the right rudder while attempting to manipulate the fuel selector handle, which resulted in a loss of control of the airplane. The report states that Denver was responsible for inadequate pre-flight planning. The NTSB identified his failure to refuel the airplane when in a low fuel condition as casual because it left him groping about the cockpit in an attempt to select fuel at a low altitude. The board blames the crash primarily on pilot error. Two errors were also blamed on the original homebuilt owner. The first error was to locate the unmarked fuel selector handle in a hard to access position. The second error was placing unmarked and uncalabrated fuel quantity site gages in the cockpit. The safety board also commented on Denver’s inadequate transition training from traditional factory built aircraft to a homebuilt. (Kolczynski, 8) If litigation were to be pressed in this case from the known facts it looks like the original kit manufacturer would not be to blame. Training is a major concern in the airplane kit manufacturing business. Pilots need to be properly trained and certified to fly a homebuilt. Some insurance companies require training before providing insurance. Homebuilt aviation is a risky business for kit companies, and will always be. Who is liable in homebuilt crashes just depends on various factors. Homebuilders need to keep good records and receive proper training before flying. I believe the homebuilt industry will continue to grow, no matter the law suits because of the lo...
