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Product Liability

fsxar177

fsxar177

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us-idaho
Good-evening!

A large part of my current project, has been working along side STC holders, and parts manufacturers, for real-world aircraft, and namely the C-170B.

Today, in conversation with a gentleman who holds the STC for an engine conversion, the question arose.. What kind of protection do we have, as Simulator developers, against potential lawsuits that could come (theoretically), by our product being used in a training, or academic atmosphere.

In other words, if Billy Bob 'trains' using the product, then makes a mistake in the real aircraft, and kills himself. What protects us developers, from the next of kin filing lawsuit against us, for our product 'mis-training' the said pilot.

This would be particularly important to consider, when working with these real world companies, and earning their endorsement.

If anyone has legal experience, or advice, I'd really appreciate it. Or perhaps links to a good aviation related attorney that I can bounce these items off of.

Best!
- Joseph
 
Guess you missed the section of the EULA that states it's for entertainment purposes only?
 
It not would be for Prepard3D, which state the opposite. Anyway if you see any aircraft manual all state that this is not for real aviation purposes. but again not know if apply for Prepar3D, which state clearly his products are not for entertaniment purpose, interesting the question really.
 
The normal practice in the UK is to take out Product Liability Insurance as protection. Also it's worth mentioning that in many countries liability for negligence occasioning death or personal injury cannot be excluded, whatever the terms of the contract state.
 
Liability, for this discussion, requires that one offered something above and beyond entertainment... which the EULA that was clicked through states otherwise.
 
Surely the EULA that matters is the one between fsxar177 (the developer) and his client?
 
Good-day. Thanks for the replies.

The license I'm concerned with, is obviously between myself/company, and the client. The EULA's for FSX (Entertainment), or P3D (Academic), are obviously entirely different. However, in both instances I'm offering the client something above and beyond what's included in his/her original product. (The simulator).

So, because I'm responsible for tying in real-world products (all of which I have endorsement from manufacturers/distributors of said products), I'm responsible for needing to write explicit agreements, that will protect myself, and again the manufacturers/distributors of said products.

I know that I'm stepping on ground that the common payware dev. doesn't really have to step. However, for those who have gone before, I'm just curious what has worked for you.

- Joseph
 
I'm acutely aware of this at the moment, and I find that I'm having to put a lot in writing, and also continually remind the client of the limitations of the sim -- to the extent that there is plenty of written 'liability exclusions' if they do anything unexpected. I am confident that they understand this, but I also have to think ahead to the time when these scenarios become part of a broader training program -- you just can't foresee what some millionaire playboy will try based on their 'training' is one of my scenarios...

One of the worst things to hear is "our pilots want to know if they can fly under/through/over..." and the answer always has to be "NO!"

But this is just one particular client, where the requirements are unique, and I can rely on them doing this safely. In normal circumstances, I don't worry too much, but maybe I should -- I can imagine that someone might use my scenery to test if they can fit their wingspan through a gap, and end up losing their wings because I've eyeballed a measurement...
 
It seems that most major producers do not allow endorsements. The relationship between PMDG and Boeing is unique, carefully negotiated and fragile - the wrong series of events could destroy it. You may remember the Commercial Level Simulations "Business Jet;" this from the product description: "The CLS Business Jet is the CLS interperatation of this aircraft and systems. No ownership of trademarks or copyrights is intended or inferred." I believe the model was described as an attempt to represent a real aircraft without identifying the manufacturer, but I am not sure, it could be entirely fictional.
This forum is rife with threads from developers or modelers who have gotten cease and desist letters from aviation companies. Some are more insistent than others but I feel I have identified a common thread. The goal seems to be to publicly deny the association, "all endorsements are refused," with no real ramification, "or else." Once that has been established, it seems these companies welcome the free advertising and the potentially deadly consequences that come with it only serve to make the whole thing that much more exciting...
 
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