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blowhard
Since 26 Dec 2005
2027 Posts
Windward
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 Sat Jan 04, 14 9:43 am |
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| Weaz wrote: | | A little winter troll told me this wouldn't have happened with a c kite. |
ha ha !
maybe a little preflight  |
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registered
Since 12 Jul 2005
1319 Posts
tsunami
Sandbagger
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| Sat Jan 04, 14 10:24 am |
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I guess the fine print after the Caution logo need to be read.....
I dont think Caution makes a C kite.
What kind of ride could a ocean rodeo warn you of...
More to just a name?? |
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Dr Makani
Since 02 Jan 2014
3 Posts
Kook
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| Sat Jan 04, 14 12:48 pm |
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First I do like the tone in this forum. It's civilized and on the subject. It's nice to see that for a change.
| srch4wind wrote: |
I'm just a contractor and I need 3 million in insurance, why are they not insured???
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General liability insurance is not required as long as you operate in an 'unregulated' market. Many states require bond and insurance so they issue you a 'contractors license'. As a 'sub-contractor' often you are required to hold a 3/5/10mil binder to cover for the GC. Bottom line is your trade is highly 'regulated'. We can argue all night long, if 'regulation' is a good or bad thing. It is what it is, part of reality.
Driving a car doesn't require insurance in all states. Some states allow you to operate your car without insurance as long as you can proof 'fiscal responsibility' to the state's required minimum.
Now, producing (or importing) kite gear is a different trade. If you rent your warehouse/production facility you probably have to show some sort of liability insurance, but only for the building. Same for cars, machinery and any leased/rented equipment.
Now, getting GLI (general liability insurance) requires finding an insurance company and - more important - an underwriter who's willing to sign off. The underwriter determines WHAT and TO WHAT LIMITS the insurance could cover. As a small manufacturing company (or importer) you have to face the choice between a premium of ~$100k or scud run it. The premium is just an educated guess. I am NOT an insurance agent nor underwriter - I just work 20+ as an expert in court for safety testimonies. 
Although we don't have public databases or statistics I would estimate that ~60% of manufactures (regardless of trades) do not carry a GLI for their products. This means ALL aspects of your life as a consumer - toys, bicycle, tools, shoes ... You'll be amazed how many items your kids use and play which are NOT covered by anything.
I am certainly paranoid with high profile items I purchase since I am working in 'the industry'. But listening to some of these cross examinations makes me cringe.
Again - common sense is not the main driver in these liability cases. We all can agree that a drunk driver hitting a light pole shouldn't be entitled to any restitution. But he got it because of a missing permit of the city. We all can be in an agreement on a situation, but the legal outcome is VERY different.
But one thing I've seen prevail over decades; the better you document your initial and recurrent use of your item/product the better your chances are. This is exactly where 'they' try to get you; the inability or reluctance of RTFM
Hit me up if you guys want more insight. As I said in the beginning, I like the tone here, but I also don't want to bore you. |
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blowhard
Since 26 Dec 2005
2027 Posts
Windward
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| Sun Jan 05, 14 7:54 am |
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| registered wrote: | I guess the fine print after the Caution logo need to be read.....
I dont think Caution makes a C kite.
What kind of ride could a ocean rodeo warn you of...
More to just a name?? |
It's if, you inflate it,
your done
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WindSki
Since 14 Dec 2012
411 Posts
Portland
Obsessed
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| Sun Jan 05, 14 9:02 am |
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Dr Makani
Love your post and insight from an experienced lawyer's perspective. Also agree with if you pump it up that is where any legal liability from the manufactures stops. |
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lekaks
Since 02 Apr 2008
151 Posts
Hood River, OR
Stoked
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| Sun Jan 05, 14 1:20 pm |
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OK
Last edited by lekaks on Sun Jan 05, 14 1:25 pm; edited 2 times in total |
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lekaks
Since 02 Apr 2008
151 Posts
Hood River, OR
Stoked
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| Sun Jan 05, 14 1:21 pm |
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| Weaz wrote: | | A little winter troll told me this wouldn't have happened with a c kite. |
Did he tell you that while tossing your salad? |
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fisherman
Since 06 Aug 2007
113 Posts
Stoked
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| Sun Jan 05, 14 4:09 pm they should change their name to Warning |
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| It's all because this industry needs to be regulated by government. Then and only then we all are gonna be safe. I would propose something like 99 per cent tax on food stamps to cover it. |
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C Johnson
Since 17 Apr 2009
854 Posts
Seattle
Opinionated
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| Mon Jan 06, 14 11:10 am |
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Use caution when flying Caution
Big companies can afford better laywers when making their disclaimers and when fighting lawsuits. I don't think you can really claim that this is only a risk with small boutique brands or overseas mailorder kites.
You should assume when buying a new kite that it isn't "proven" until its been proven.
A series of assumptions made by multiple parties is why the OP got hurt.
_________________
www.youtube.com/c/christianjohnsons |
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Lurk
Since 04 Apr 2009
355 Posts
Obsessed
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| Mon Jan 06, 14 6:44 pm |
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This has been going on since the beginning. I started in 2002. We are all R &D test dummies. Kite company releases bar/kite designs without full test in all conditions over and over... it takes 3 to 6 months to prove a design is safe. No way they can afford to do that.
Been handed my ass on Best, Naish, Epic, Eclipse... Hindenburgh, surprise release, bad kite flutter, wrong wind range stated, once had a Best bar break in half... DaKine harness bad welds...
All because of shoddy testing or someone just released a dangerous design.
These days NO EXCUSE FOR THIS BS> companies know what works. |
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