Gibbo
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The applicable act is the damage by aircraft act 1999 (cmth). Section ?? Part d. The direct aftermath caused a, b, or c. (Basic conditions of flight). Precident and other common law still exists within it. Eg. Duty of care owed to rescuers (foreseeable event - the cry of human nature to help another in dire circumstances). other acts cover persons within the aircraft themselves. This act only covers those who are injured or have property damaged on the ground or sea. It imposes strict liability in a civil setting (one of only three sets of laws that do it) ‘without the need to prove negligence particularly only that it occurred.’ Automatic assumption of negligence and wilful act as well as unlimited damages. The automatic assumption is imposed as in a lot of cases the true cause of the accident is never known and is almost unprovable otherwise. As in the case of motor vechicles it is the registered owner who is held liable. (Certain lease and long term hire sub conditions exist). it seeks to impose a forced settlement.
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This has nothing to do with negligence. Even the covering act specifically excludes it. It is a strict liability issue.
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https://emergencylaw.wordpress.com/2018/02/04/rescuer-injured-when-responding-to-an-aircraft-accident/
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400hrs in similar type, procedures training etc. 2 x l2 first aid (tafe), remote area life support via rfds. I was really going to sit there and watch them die. And then theres the damage by aircraft act 1999 (Cmth), wrongs act (vic) -s10 damage by aircraft and the legal concept of a duty of care owed to rescuers.
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Needless to say I am very disappointed with the response from RAAus. And yes all owners have a duty of care to rescuers.
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Passenger sues pilot for £100,000 payout
Gibbo replied to fly_tornado's topic in Aircraft Incidents and Accidents
It’s a good thing he didn’t do it trying to pull someone out of a plane crash. He would have put himself in a legal mess without support. -
Hmm. I know four people who have been killed in UL accidents in the past 8 years. H
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Passenger sues pilot for £100,000 payout
Gibbo replied to fly_tornado's topic in Aircraft Incidents and Accidents
In Australia - there has been. Turbo is aware of my example.... -
Passenger sues pilot for £100,000 payout
Gibbo replied to fly_tornado's topic in Aircraft Incidents and Accidents
In Australia - there has been. Turbo is aware of my example.... -
Passenger sues pilot for £100,000 payout
Gibbo replied to fly_tornado's topic in Aircraft Incidents and Accidents
And then there are people on the ground. don’t forget about that liability either.. -
Passenger sues pilot for £100,000 payout
Gibbo replied to fly_tornado's topic in Aircraft Incidents and Accidents
And then there are people on the ground. don’t forget about that liability either.. -
Transitioning to the right hand sides
Gibbo replied to Gibbo's topic in Student Pilot & Further Learning
I’m a little large for them. Lol. My choice of instructor is usually the smallest possible. I did see a nice looking biplane on plane sales the other week. Two stroke... mind you a smart turbo diesel would be interesting as a swap. -
A few instructors may be able to give me a pointers and tips. I’ve damaged my right elbow tendons fairly badly and being a jab driver it presents a few control issues if I hit a pain point so I’m looking at learning to fly left handed. What pointers would you suggest? It’s a 300 hour habit. It’s been a bugger adapting to a more left handed orientation.
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It's not hard to hack firmware. Most of the drones already have those features.