Wikiposts
Search
The Pacific: General Aviation & Questions The place for students, instructors and charter guys in Oz, NZ and the rest of Oceania.

Is the law an "ASS" or what?

Thread Tools
 
Search this Thread
 
Old 26th Apr 2007, 01:38
  #1 (permalink)  
Thread Starter
 
Join Date: Jan 2006
Location: Australia
Posts: 309
Likes: 0
Received 0 Likes on 0 Posts
Is the law an "ASS" or what?

Hi all,

You are flying an Ag operation, and hit a power line bringing it to ground in a paddock.

You get back to base OK and call the authorities to report the incident - including notifying the power company.

Sometime later a power company employee whilst attending to the damaged power cable gets himself electrocuted.

You are taken to court over the matter.

Would you expect to be held liable for the injuries to the power company employee?

Well you could be found liable!

Di
Diatryma is offline  
Old 26th Apr 2007, 06:13
  #2 (permalink)  
 
Join Date: Feb 2006
Location: Under the wing, asleep.
Posts: 375
Likes: 0
Received 0 Likes on 0 Posts
Should the power company not be held liable for installing a powerline in a place that was dangerous to Ag flying?
All i can say is
Wanderin_dave is offline  
Old 26th Apr 2007, 08:05
  #3 (permalink)  
 
Join Date: Oct 2002
Location: Australia
Posts: 168
Likes: 0
Received 0 Likes on 0 Posts
Along a similiar theme, look at this from todays SMH:

http://www.smh.com.au/news/national/...459788212.html

We are getting more and more like the good ol' USA every day.Shoot me now.
The PM is offline  
Old 26th Apr 2007, 08:23
  #4 (permalink)  
 
Join Date: May 2005
Location: Brisbane
Posts: 626
Likes: 0
Received 0 Likes on 0 Posts
defendant rep says ....."some inconsistencies in the judgment"

UNDERSTATEMENT......what I bet he wished he could say is what a crock our justice system is.

But when you hear about many many family court and other judgments you really have to question whether the drug problem in Australia is actually with our Judges and prosecutors. Coz common sense tells most of us that they must be on drugs and pretty good ones to come up with the cr@p they dish out!

Rant over......no I have not been victimised by the court system......after this post I might be

J
J430 is offline  
Old 26th Apr 2007, 10:26
  #5 (permalink)  
 
Join Date: Aug 1999
Location: Gold Coast, Australia
Age: 75
Posts: 4,380
Received 25 Likes on 15 Posts
A Victorian helicopter pilot, whilst low level filming, snagged a decommissioned power line with his tail rotor a few years ago, with fairly uncomfortable results. The line was about 180 feet agl across a valley, suspended from the only two poles left when the line was disconnected, both poles partially hidden by trees.

Understandably, the helicopter company instigated proceedings against the power company for negligence, or some such legal nicety.

The power company had the pilot prosecuted and found guilty under Victorian law which prohibits flying close to power lines. Be very careful out there......
John Eacott is offline  
Old 26th Apr 2007, 10:41
  #6 (permalink)  
 
Join Date: Oct 2005
Location: Queensland
Posts: 632
Likes: 0
Received 0 Likes on 0 Posts
No. He is covered by workers comp. Legally, intent must be proven if it went to litigation.
PA39 is offline  
Old 26th Apr 2007, 14:15
  #7 (permalink)  
Thread Starter
 
Join Date: Jan 2006
Location: Australia
Posts: 309
Likes: 0
Received 0 Likes on 0 Posts
The matter I refer to was also District Court of NSW decision.

I don't think this is a coincidence! It is aparently not unusual for these sort of decissions to come out of this court.

Di
Diatryma is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.