Fortunately here in New Zealand we have an accident compensation scheme that automatically pays for medical costs etc in the event of an accident irrespective of the cause or fault, and it removes the right to sue in these cases.
However I think we need to look at the conditions of a PPL as opposed to a CPL. A PPL may not carry passengers for hire or reward, so the same degree of duty of care does not apply. That doesn't mean the pilot has no duty of care, just that it is not formed as part of a contract. I believe that for a case to be successfull against a PPL there would have to more than simple negligence, it would almost have to be culpable negligence or some deliberate act on the part of the pilot. ( I have no legal training, so this opinion is worth exactly what you paid for it).
Last edited by Ka6crpe; 1st Oct 2013 at 09:33.