Austin Bonnett
Education and Technology Consultant
Bonnett Engineering
Gallatin, MO
In the paper "Help Avoid Lawsuits With Advance Documentation," presented at the EASA Convention 2007, Austin Bonnett addresses the increasing prevalence of product liability lawsuits and offers practical steps to mitigate the risk of such lawsuits in the motor service industry. Bonnett emphasizes the importance of thorough documentation and identifies ten traps to avoid to protect against costly and time-consuming legal battles.
The first trap is the "VO trap," which advises against relying on verbal orders that can lead to misunderstandings. Written documentation is more accurate and reliable. The second trap, the "better mouse trap trap," cautions against making changes to repairs without a written agreement, as design changes and material substitutions can be suspect if something goes wrong. The "flawless memory trap" highlights the importance of documenting repairs with pictures or sketches and saving samples of failed parts for future review.
The "birth without certificate trap" suggests benchmarking repairs with written records of vibration, winding insulation quality, winding resistance, and no-load power data. The "can't say no trap" advises knowing when to decline repairs that pose significant risks and consequences. The "fool me once OK, fool me twice trap" stresses the importance of identifying the root cause of failure during the first repair to avoid repeat failures and potential lawsuits.
The "dancing with too many partners trap" recommends clearly defining system responsibility in written quotations and purchase orders. The "pride goes before the fall trap" encourages seeking expert advice when dealing with complicated factors in failure and repair. The "overstating your experience and capability trap" warns against making claims that cannot be substantiated by facts. Finally, the "misplaced trust in customers trap" advises choosing customers wisely and maintaining written communications to confirm understanding.
Bonnett illustrates these traps with case studies that highlight the problems created by failing to follow these guidelines. For example, a subcontractor was sued for damages after a rotor failed because the recommendation to replace the lamination was not documented. In another case, a bearing failure caused a major refinery fire because the service center installed shielded bearings instead of sealed bearings, leading to a lawsuit.
Other case studies include failures caused by PWM drives, faulty rotor design, warranty repairs, and severe unbalanced voltage. In each instance, the lack of proper documentation and communication led to legal disputes and financial losses. Bonnett concludes by emphasizing the importance of advance documentation to avoid lawsuits and protect the reputation of service centers.
Key Points Covered:
- Importance of thorough documentation to avoid lawsuits
- Ten traps to avoid in the motor service industry
- Case studies illustrating the consequences of failing to follow documentation guidelines
Key Takeaways:
- Verbal orders can lead to misunderstandings; written documentation is more reliable.
- Design changes and material substitutions should be documented with written agreements.
- Document repairs with pictures, sketches, and samples of failed parts.
- Benchmark repairs with written records of key performance parameters.
- Know when to decline repairs that pose significant risks.
- Identify the root cause of failure during the first repair to avoid repeat failures.
- Clearly define system responsibility in written quotations and purchase orders.
- Seek expert advice when dealing with complicated factors in failure and repair.
- Avoid making claims that cannot be substantiated by facts.
- Choose customers wisely and maintain written communications to confirm understanding.
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