----- Original Message -----
From: "Jim Lux" <jimlux@earthlink.net>
To: <wc1m@msn.com>; "'JC Smith'" <jc-smith@comcast.net>; "'Rick Tavan N6XI'"
<rtavan@gmail.com>; <towertalk@contesting.com>
Sent: Tuesday, June 06, 2006 3:36 PM
Subject: [SPAM] Re: [TowerTalk] Action against US Tower?
> At 08:33 AM 6/6/2006, Dick Green WC1M wrote:
>
>>Another thing they do to avoid liability is say that the tower must be
>>installed by a professional.
>
> And who's to say what "professional" means. It's not like there's some
> governmental agency licensing tower installers as such(notwithstanding
> that
> there's a fair amount of government regulation of one sort or another
> covering tower work, as an occupation.) Is it someone who's carrying
> liability insurance? Someone who has a contractor's license (which
> essentially means they've got insurance)?
>
>>They used to have a loose network of installers
>>who knew how to install and maintain the tower. Don't know if they still
>>do.
>>If you install it yourself and claim injury or damage occurred due to lack
>>of documentation, they would probably point to disclaimers saying the
>>tower
>>is designed to be installed only by professionals.
>
> but that disclaimer, as has been pointed out, is probably worthless in a
> lawsuit. You can't really disclaim liability for defects, except in some
> fairly special cases. (all that "implied warranty of merchantability and
> fitness for use" stuff.) More to the point, in the event of a disaster,
> there's a sort of dance of the attorneys as everyone jockeys for position
> until the case settles. Rarely would it go to court, where the
> disclaimer's validity would actually get tested. What having an (insured)
> professional installer in the mix means is there's at least one more party
> in the dispute.
>
> Jim
>
>
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