Yes, if you write or publish something then it is possible that you will
get sued for it.
Also, if you walk across the street you might be killed!
So, should we be telling everybody not to walk across the street?
With the attitude seen herein on getting sued, its a wonder how some of
these glider pilots could possible get in a car, drive or be driven to a
gliding site, and go out and fly gliders.
Journalists, newspapers, both big and small, are everyday printing
thousands of articles with little research and are often getting the
facts wrong. (From what I have seen nearly every story has incorrect
facts). This includes writing reports on aviation accidents and, even
with more hazards, on police investigations and court cases.
Occasionally they do get sued but the reality is that the total number
of attempts at suing doesn't and shouldn't stop these publications.
For something as important as publishing accident reports, it is
absolutely crazy to stop this due to the fear of litigation!
Shifting the onus of the published report from the GFA to the individual
pilot won't stop all litigation, but should reduce it. It means that
one major party involved in the incident will no longer be able to sue
since they wrote the report. That person is also more likely to know
who might be sensitive to anything stated and can take appropriate
precautions.
Just my opinion
Ken Dawber
J Hudson wrote:
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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