Sueing the estate.

[tu154]

Sole survivor of helicopter crash in which two died settles action for €1m - The Irish Times - Sat, Jul 11, 2009 (http://www.irishtimes.com/newspaper/ireland/2009/0711/1224250462327.html)

Sole survivor of helicopter crash in which two died settles action for €1m

THE SOLE survivor of a helicopter crash, in which the pilot and another man died, has secured more than €1 million in settlement of his High Court action.

Michael Gibbons (34), Oranmore, Co Galway, who sustained head and other injuries in the crash, continues to have frequent nightmares and suffers post-traumatic stress disorder as a result, the court heard. Doctors had described him as remaining significantly incapacitated and feeling depressed and guilty over surviving the accident.

Mr Gibbons was the only survivor of the crash on July 9th, 2005, near Derrybrien, Co Galway, involving a Robinson R44 helicopter piloted by Damien Bergin, which was returning from the Tall Ships race in Waterford.

Mr Bergin (32), Castleblakeny, Co Galway, and Mark Reilly (49), Clybaun Road, Galway, died of multiple injuries when the helicopter crashed into a wooded area in the Slieve Aughty mountains.

Mr Gibbons, Clochog, Oranmore, Co Galway, had sued the representatives of the estate of Mr Bergin and two companies, Donville Helis Ltd, Derrydonnell, Oranmore, and 21st Century Aviation Ltd, Deerpark Industrial Estate, Oranmore, respectively the owner and hirer/operator of the helicopter.

Mr Gibbons alleged negligence, breach of duty and breach of contract against all defendants. On the second day of the hearing yesterday, Mr Justice John Quirke was told the case had been settled and could be struck out.

No details were disclosed, but the settlement is understood to be in excess of €1 million.

This article appears in the print edition of the Irish Times



Sounds horrific. Presumably there might be a wife/partner left behind that now faces a huge bill? Can you get insurance for this sort of thing? Or at least your 'estate'.

[Helinut]

Not sure about Irish Law, but I have been told that in English Law there is a real possibility of self-employed pilot's estates being sued in the event of an accident like this. They are apparently in a different position from employees. From a practical and I understand a legal viewpoint, anyone would sue the employer where the pilot was an employee. The employer is vicariously liable for what his employee does. Not true for a self-employed pilot.

I discussed it a while back with someone from the BHAB and they said it made little difference if the S/E pilot set up a limited company. The aggrieved could still sue the estate, although I do not exactly understand why. I would have thought at first glance that the limited liability company would limit liability, but apparently not.

Would be interested in anyone's thoughts who knows about these things.

[parabellum]

Depending on what insurance cover was in place at the time of the accident it is possible that the insurance companies had to foot the bill and elected to go for a quick out of court settlement to avoid legal costs, (that might have exceeded E1m), as well as setting of precedent.

[SASless]

Gets down to whether an "employee" of the LLC is the "pilot" or if the owner of the LLC is the pilot. If your entire staff of your LLC consists of yourself....and no one else....you can still be stuck.

If your employee diddles the pooch and you can prove it violated your LLC rules and regulations...then the employee is on his own. Thus if owner and employee are one and the same.....there is the rub.