And we wonder why.....
Join Date: Apr 2002
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Peter Lovett
You have mentioned that the insurance company would not pay in that instance.
It was certainly a very sad case. It was also a known hazard and I consider it was preventable. (Even without tape on the seat tracks)
I see a number of important points here.
1.Insurance is complex and in this case did not provide the protection needed.
2.Accidents like this are a known hazard and are often preventable.
3. Rules do not prevent accidents or provide safety. They may give guidance but mainly provide information for legal processes after the event.
4. Prevention is most important, and this comes from well informed, responsible leaders.
It was certainly a very sad case. It was also a known hazard and I consider it was preventable. (Even without tape on the seat tracks)
I see a number of important points here.
1.Insurance is complex and in this case did not provide the protection needed.
2.Accidents like this are a known hazard and are often preventable.
3. Rules do not prevent accidents or provide safety. They may give guidance but mainly provide information for legal processes after the event.
4. Prevention is most important, and this comes from well informed, responsible leaders.
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I wasn't his lawyer for the negligence action but only represented him for other matters between 1994 and 97.
My now very imperfect memory of reading the case notes was that it was either late 80's oe very early 90's but I cannot be certain now.
My now very imperfect memory of reading the case notes was that it was either late 80's oe very early 90's but I cannot be certain now.
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Sometimes you do hear about amazing people that could sue and don't.
After the Ansett Dash 8 crashed into the Tararuas in New Zealand, one of of the most injured surviving passengers decided not to be involved in a class action against , I think, the manufacturer. I saw an interview with this man and it was very inspiring. I can't remember his words, but the sentiment was that he felt that it actually was an accident. People make mistakes and he didn't feel right about pursuing that line of action. A case where in fact could have made a **** load of money, but decided it wasn't right for him. Not many people like that these days.
After the Ansett Dash 8 crashed into the Tararuas in New Zealand, one of of the most injured surviving passengers decided not to be involved in a class action against , I think, the manufacturer. I saw an interview with this man and it was very inspiring. I can't remember his words, but the sentiment was that he felt that it actually was an accident. People make mistakes and he didn't feel right about pursuing that line of action. A case where in fact could have made a **** load of money, but decided it wasn't right for him. Not many people like that these days.
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Outkast
Not wishing to detract from your comments or the position taken by that survivor, however, in aviation I don't believe that there are "accidents". Crashes these days mostly occur due to mistakes committed by people. Sure, they didn't want to commit those mistakes but by so doing people get killed and injured.
Those injured and the relatives of those killed are then placed in a situation not of their making and often in a worse situation than if the crash had not occurred. In those circumstances the law says that if you can show that the injuries/loss were due to negligence of a person who owed a duty of care to the person injured or suffering a loss then that person is entitled to compensation.
In the NZ case I doubt whether that person owing the duty of care was the manufacturer but certainly the airline. The pilots are agents of the airline and the duty of care flows upward.
People often look at the damages awarded in such cases and think Tattslotto wins. However, in the US a lot of the extreme awards are reduced on appeal. In Australia the awards are more moderate given that judges set the award and not juries. However, please keep in mind that I have never met a person who was awarded compensation for injury or loss who wouldn't immediately pay it all back to be given back their health or loved one. Money is a poor compensator when you have lost your health to be able to enjoy it.
Not meant to be a rant but pointing out somethings that are often overlooked by the general public. Nor am I touting for my former profession which I left long ago.
Not wishing to detract from your comments or the position taken by that survivor, however, in aviation I don't believe that there are "accidents". Crashes these days mostly occur due to mistakes committed by people. Sure, they didn't want to commit those mistakes but by so doing people get killed and injured.
Those injured and the relatives of those killed are then placed in a situation not of their making and often in a worse situation than if the crash had not occurred. In those circumstances the law says that if you can show that the injuries/loss were due to negligence of a person who owed a duty of care to the person injured or suffering a loss then that person is entitled to compensation.
In the NZ case I doubt whether that person owing the duty of care was the manufacturer but certainly the airline. The pilots are agents of the airline and the duty of care flows upward.
People often look at the damages awarded in such cases and think Tattslotto wins. However, in the US a lot of the extreme awards are reduced on appeal. In Australia the awards are more moderate given that judges set the award and not juries. However, please keep in mind that I have never met a person who was awarded compensation for injury or loss who wouldn't immediately pay it all back to be given back their health or loved one. Money is a poor compensator when you have lost your health to be able to enjoy it.
Not meant to be a rant but pointing out somethings that are often overlooked by the general public. Nor am I touting for my former profession which I left long ago.
