Who said there is no chance? Please cite the poster person that said that and I would be glad to correct them. I certainly never said a thing about cost of defending a suit.
Nothing is that certain except death, taxes, and the perpetual distain for experimental by X FAA agents.
As for the silence of the attorneys.... Maybe it's time you took the hint.
Since much of this discussion seems to focus on the LACK of information, let me chime in with another aspect.
I've been involved in the homebuilt world for about 30 years, in a number of EAA chapters. Builders are very concerned with liability, and its a regular topic of discussion.
The interesting thing is, everyone is concerned about it...but no one personally knows of cases where builders *have* been sued.
Actual lawsuits, whether settled out of court or not, should fan the flames of the EX-AB liability controversy within the community. But no one I've talked to has been sued, nor do they have friends who have been sued, or knows a guy who knew a guy who knew a guy who had been sued. They're concerned about the *potential*...but can't actually point to any actual cases other than the John Denver case.
Just think that if it *was* happening, the news would go through the community like wildfire.
I personally think it certainly *can* happen, and may pick up, with more and more $200,000 homebuilts bringing deeper pockets into the mix.
As for me, I've got $10,000 in my Fly Baby. Though not the builder, my name appears repeatedly in the logs for maintenance issues. When the time comes, I'll probably take the plane down to its component level and sell the commercial hardware (radio, transponder, engine, turnbuckles, etc.). Heck, I earn the value of the airplane back in less than three years by NOT having to pay rent on a hangar....
Ron Wanttaja