Negligence
Thread Starter
Joined: Oct 2001
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From: London
Negligence
Dear All (Hi Steve!)
Can anyone tell me if it is standard practice to have student pilots sign a disclaimer with a flying school, which states that the student concerned will not hold the flying school or any of its employees responsible, if an injury is sustained, whether or not that injury is caused by the negligent actions of the school or its employees? I thought it sounded a bit harsh i.e. If someone at the school negligently causes me to suffer a permanent or fatal injury, my signing of that disclaimer means that I will have no recourse against them, especially if I'm dead!! Thoughts please.
Grim
Can anyone tell me if it is standard practice to have student pilots sign a disclaimer with a flying school, which states that the student concerned will not hold the flying school or any of its employees responsible, if an injury is sustained, whether or not that injury is caused by the negligent actions of the school or its employees? I thought it sounded a bit harsh i.e. If someone at the school negligently causes me to suffer a permanent or fatal injury, my signing of that disclaimer means that I will have no recourse against them, especially if I'm dead!! Thoughts please.
Grim
Joined: Aug 2000
Posts: 3,648
Likes: 2
From: UK
It's not just harsh, it's probably unlawful.
Under the Unfair Contract Terms Act 1977 a trader cannot disclaim its liability for personal injury or death caused through negligence. Any other disclaimers must stand a test of reasonableness.
Of course if you insist on signing contracts as "Grim Reaper 14"...
Under the Unfair Contract Terms Act 1977 a trader cannot disclaim its liability for personal injury or death caused through negligence. Any other disclaimers must stand a test of reasonableness.
Of course if you insist on signing contracts as "Grim Reaper 14"...
Last edited by bookworm; 20th April 2002 at 11:43.
Not so N, but still FG
Joined: May 2000
Posts: 1,417
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From: London, UK
Unequivocally unlawful, by virtue of UCTA, cited above. By unlawful I mean unenforceable: worth something less than the paper on which it is written. The fact that the School is sufficiently clueless to require such a disclaimer may be a reason for avoiding it.
Last edited by FNG; 22nd April 2002 at 14:30.
Joined: Mar 2002
Posts: 7
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From: UK
No
They can have as many forms as they want, it does not absolve them from that responsibility. To be honest, I dont know why they are bothering. Are they a small time outfit? They ought to know that what they are doing will not stand up in court.
Or perhaps they are just covering themselves from the all new "sue culture" for things as trivial as getting oil on your trousers when checking all levels pre flight??!!! Yes, that must be it.
Goodflying
Or perhaps they are just covering themselves from the all new "sue culture" for things as trivial as getting oil on your trousers when checking all levels pre flight??!!! Yes, that must be it.
Goodflying
Joined: Apr 2000
Posts: 608
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From: UK
I was asked to sign such a doc earlier this week in Grand Central, Jo'burg. As stated above, under the UK UCTA, it would not be enforceable (knew that reading law would come in handy!)
Odd though, as much of their legislation (and indeed the ANO) is based on UK law. Maybe it has never been tested!
B-L
Odd though, as much of their legislation (and indeed the ANO) is based on UK law. Maybe it has never been tested!
B-L
