Eric Greenwell wrote:

Regardless, none of this addresses the question of how the TPAS
manufacturers deal with the liability issue, or what the issue really is.


Or the perceived issue.
Doubt it's easy to start legal action in North America against a
Swiss company. If liability was a serious problem, none of our toys
would be available in North America.
All of these traffic warning devices are second oppinions. Of course
see and be seen is the first. And of course, that is mentioned in the
FLARM manual. Unfortunately there have been times that see and be seen
didn't work, so a second oppinion is good.
Remember, the rest of the instrument panel is essentially a second
oppinion too. You can fly without an audio vario, but it's a great help
in finding the core of a weak thermal, just as a device such as FLARM
will help maintain awareness of other aircraft, while still too distant
to be easily seen.
Jim