Originally Posted by Mr_Joe
Originally Posted by ZeeOSix
Sounds like grounds for a lawsuit.
Without a doubt that will be coming. As far as lawsuits go, can't blame the family for going that route. Of course it won't bring anyone back.
I am sorry for the loss of your friend, cujet.
The FBO's fueling company was grossly negligent, no question about that. I don't see how you defend putting the wrong fuel in the airplane. They will try to point their finger back at the pilot and shift some, or even all, of the blame to him / her.
Every light airplane I have owned, every light airplane I have been around, has multiple fuel drains to check what is in the tanks. Because of the critical nature of fuel quality, I was taught to check these sumps before EVERY flight and make sure the only substance in the tanks was 100LL.
I've never seen a mixture of Jet Fuel and 100LL. I don' know if a combination of the two layers, or mixes. I don't know if this type of fueling error can be detected by draining a sample. But if it can, and the the pilot didn't check the sumps before flight, the FBO will contend this is contributory negligence. The FBO will have no problem getting multiple experts to say this. They will probably be able to get a deposition from a flying friend or two of the pilot to say this. I don't think the law should require the pilot to stand guard over the fueler to make sure they do their job right. Contributory negligence is handled differently depending on the jurisdiction; some are comparative fault, some are 50 or 51 bar. I don't think any adhere to the old common law doctrine of pure contributory negligence.
I shared a hanger with an Aerostar but didn't pay much attention to it. It eventually killed its owner. Beautiful airplane, otherwise.
Originally Posted by ZeeOSix
Sounds like grounds for a lawsuit.
Without a doubt that will be coming. As far as lawsuits go, can't blame the family for going that route. Of course it won't bring anyone back.
I am sorry for the loss of your friend, cujet.
The FBO's fueling company was grossly negligent, no question about that. I don't see how you defend putting the wrong fuel in the airplane. They will try to point their finger back at the pilot and shift some, or even all, of the blame to him / her.
Every light airplane I have owned, every light airplane I have been around, has multiple fuel drains to check what is in the tanks. Because of the critical nature of fuel quality, I was taught to check these sumps before EVERY flight and make sure the only substance in the tanks was 100LL.
I've never seen a mixture of Jet Fuel and 100LL. I don' know if a combination of the two layers, or mixes. I don't know if this type of fueling error can be detected by draining a sample. But if it can, and the the pilot didn't check the sumps before flight, the FBO will contend this is contributory negligence. The FBO will have no problem getting multiple experts to say this. They will probably be able to get a deposition from a flying friend or two of the pilot to say this. I don't think the law should require the pilot to stand guard over the fueler to make sure they do their job right. Contributory negligence is handled differently depending on the jurisdiction; some are comparative fault, some are 50 or 51 bar. I don't think any adhere to the old common law doctrine of pure contributory negligence.
I shared a hanger with an Aerostar but didn't pay much attention to it. It eventually killed its owner. Beautiful airplane, otherwise.