The owner of an antique open-cockpit biplane keeps it at an airport near a college that has a good aviation program. The owner flies the airplane most weekends, and is often approached by youngsters who have been studying the history of aviation in their classes and have become inspired by videos of the early barnstormers. Bored and adventurous, they often ask where they could try old barnstorming stunts like wing-walking. An Internet search does not reveal anyplace offering such an opportunity, so thinking this might be a fun way to interact with some enthusiastic young people, encourage their interest in aviation history, and relieve them of some money in the process, the aircraft owner considers starting a little wing-walking school, doing all of the instructing, flying, and other school chores as the sole proprietor. The owner’s aircraft insurance doesn’t cover such activities, and there doesn’t appear to be any available that would.
1. Is there another legal tool that might afford this aircraft owner some measure of protection from liability if a participant in the school is injured? If so, describe.
2. Considering the age range of the students, should the school establish and strictly enforce a minimum age limit for participants? Explain.
3. Would there be any liability protection advantage to the aircraft owner organizing the business as a corporation, LLC, or LLP?