Flying Schools and Public Liability
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Flying Schools and Public Liability
Was just watching A Current Affair who showed a story on a clown who entertained children in a Dubbo shopping centre. He is about to close his business when his public liabilty policy runs out and will not be renewed by his insurance company.
So where does this leave flying schools, instructors and other pilots......private or commercial? We are yet to see or hear of huge increases in pubic liabilty premiums for aviation businesses but I bet they are just around the corner. I just wonder how many business will simply close once hit with thes e huge premiums.
Can an instructor who is an employee be sued personally in the event of an accident, can he be sued perhaps 20 years down the track.
What about instructors that are forced to work as contractors by some schools. Does ths schools public liability insurence cover them or do they need their own.......in that case the cost could make it not viable to instruct.
Any ideas anyone??
So where does this leave flying schools, instructors and other pilots......private or commercial? We are yet to see or hear of huge increases in pubic liabilty premiums for aviation businesses but I bet they are just around the corner. I just wonder how many business will simply close once hit with thes e huge premiums.
Can an instructor who is an employee be sued personally in the event of an accident, can he be sued perhaps 20 years down the track.
What about instructors that are forced to work as contractors by some schools. Does ths schools public liability insurence cover them or do they need their own.......in that case the cost could make it not viable to instruct.
Any ideas anyone??
This is from the Pilots (GA) Award 1998, it is available on line at http://www.osiris.gov.au
29.6 Pilot indemnity
A pilot will not be required to pay for damage or loss of aircraft or equipment used in the service nor will any lien or other claim be made by the employer upon the pilot's estate. Any claim made by any member of the public, passenger or other person upon the pilot's estate as a result of any accident or happening caused by the pilot when duly performing their nominated duty, whether efficiently or, as may be subsequently determined, negligently, will be accepted as a claim made against the employer. The employer will be solely responsible for all claims as a result of operations by or travel in their aircraft. The foregoing will not apply to a pilot who knowingly performs their nominated duty in a manner contrary to law or the employer's policy.
This covers Pilots employed under the award.Check the list of "roped in" companies in the award.
Contractors is a can of worms.
29.6 Pilot indemnity
A pilot will not be required to pay for damage or loss of aircraft or equipment used in the service nor will any lien or other claim be made by the employer upon the pilot's estate. Any claim made by any member of the public, passenger or other person upon the pilot's estate as a result of any accident or happening caused by the pilot when duly performing their nominated duty, whether efficiently or, as may be subsequently determined, negligently, will be accepted as a claim made against the employer. The employer will be solely responsible for all claims as a result of operations by or travel in their aircraft. The foregoing will not apply to a pilot who knowingly performs their nominated duty in a manner contrary to law or the employer's policy.
This covers Pilots employed under the award.Check the list of "roped in" companies in the award.
Contractors is a can of worms.
Join Date: Apr 2001
Location: Camden, NSW, Australia
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Just got my insurance quote. The same company charges virtually the same price. Another is a dad cheaper. So insurance wise I can't see a problem. As for customers suing instructors. That has always been the case. Read in the award "The foregoing will not apply to a pilot who knowingly performs their nominated duty in a manner contrary to law or the employer's policy." You might have to spend $$$$$$$ arguing in court that you "did not knowingly.......". They'll tell you "you should have known" etc.
I was speaking with two medical professionals who happen to be students of mine about this topic just recently. They informed me that a recent study found Victoria to be the 2nd most litigious state in the WORLD. Second only to NSW. This apparently both in terms of number of actions and payouts awarded by the courts.
Unfortunately it's already way beyond saying " We're going down the same path as the Americans!"
Sadly we left them behind long ago
Unfortunately it's already way beyond saying " We're going down the same path as the Americans!"
Sadly we left them behind long ago
