Perhaps lawyers should be charged with, prosecuted, and convicted of,
professional culpable negligence, and / or involuntary manslaughter, when,
it is eventually proved that, a second, or third, or fourth, or "n th"
accident occurred, resulting in death and / or injury, when it is proved,
beyond reasonable doubt, that had the details of the first, second, etc
accident(s) been made known, without prejudice, to those who subsequently
became involved in the "n th + one th" accident, that it is almost certain,
that, that accident would not have occurred, thus, the death(s) would not
have occurred.
----- Original Message -----
From: "J Hudson" <[EMAIL PROTECTED]>
To: "Discussion of issues relating to Soaring in Australia."
<[email protected]>
Sent: Tuesday, December 20, 2005 9:13 PM
Subject: Re: [Aus-soaring] GFA's role
Seems to me most commentators here either overlook (or are ignorant) of
the various aspects of liability.
Bitter personal experience drive me to suggest some caution in respect of
the current discussion.
The legal profession invented LEGAL PROFESSIONAL PRIVILEGE (LPP) to
protect clients from incrimination and "dobbing themselves in".
I can only imagine a published accident report which either prevented or
minimised any exacerbation of the liability situation in a given
circumstance. Remember, it might only be a passenger who was frightened by
an incident.
The Report
- The Pilot was trained.
- He/she was current. (in whose view ?).
- in the glider being flown
- in the launch method used
- The takeoff was normal.
- The flight was normal
- The landing was not completed successfully.
- Both the passenger and the pilot were seriously
injured.
Tells you a lot doesnt it.?
Maybe there is some security (for some) in knowing this.
At the end of the day, in the legalistic world in which we live, there is
no escaping liability. If someone (individual, family, spouce, offspring,
Lawyer, Insurance Company etc etc) indentifies an avenue to direct some
(or all) liability and to seek and obtain compensation, rest assured they
will pursue it - regardless of how insignificant the event / incident or
sought compensation may seem.
An innocent "all encompassing" incident or accident report - aimed at
letting other innocent pilots, would be pilots etc know what happened -
may be all that is required to destroy an individual, a Club etc etc.
While the Bush Lawyers sit back and snipe, its undersatndable why GFA dont
want to publish such reports - nor do most (all ??) Clubs, Commercial
Gliding Organisations etc etc.
Certainly near misses and minor incidents can be (and should be reported,
within Clubs, State Organisations and GFA), as an understanding of these
incidents can be used to prevent more serious incidents (heard of the
ice-berg analgy, the tip is the serious incidents, there's lots of minor
incidents (under the water and not seen) that culminate in a serious
incident).
I recommend that if you, as an individual or an organisation, are
considering publishing a "warts and all" accident report (as appears is
being sought), that you seek legal advice from a recognised legal
practitioner (not some Bush Lawyer) before you publish the innocent fruits
of you labour. It wil be $ well spent.
John Hudson
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