Camera Litigation in UK

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Man sues air park after glider crash

http://www.bucksfreepress.co.uk/news/localnews/display.var.676512.0.man_sues_air_park_after_glide r_crash.php


By staff reporter

A MAN badly injured in a glider crash at Wycombe Air Park has launched
a High Court claim for compensation.

Daniel Marshall, 31, from Kingston, Surrey, needed surgery for two
fractured legs after the crash on August 6 2004, which he claimed in a
writ was caused when his camera strap entangled itself in the glider
controls.

The writ issued at London's High Court, which was made public on
Monday, has revealed Mr Marshall is suing the Booker Gliding Club for
£300,000.

He has said the club should have prevented him from taking his camera
on board the glider.

The writ said Mr Marshall had a trial gliding lesson bought for him by
his mother, which he took with an instructor at the air park in Clay
Lane, Booker.

Mr Marshall said he put his camera on the floor between his legs, but
shortly after they were airborne the instructor lost control and the
glider crashed nose first. The instructor suffered serious chest and
back injuries in the crash.

Mr Marshall was airlifted to Wexham Park Hospital and treated that day.
The writ said he required two further operations on both of his ankles,
and that he is now disadvantaged in employment because of continuing
problems with his legs.

It also said the instructor lost control of the glider when the camera
became stuck in the aperture for the front seat control column during
take off.

In the writ Mr Marshall accuses the club of negligence for failing to
ensure the camera was secure and failing to tell him loose objects
could interfere with glider controls. The club is also accused of
negligently allowing Mr Marshall to take a trial lesson when he had the
camera, and exposing him to an unnecessary risk of injury.

Booker Gliding Club said it was unable to comment on the matter as it
was under judicial deliberation.

[[email protected]]

Oh boy,

I thought that we had frivolous lawsuits in the US only.....looks like
the Brits are catching up with us.

[W.J. \(Bill\) Dean \(U.K.\).]

This accident has been reported by the Air Accidents Investigation Branch
and may be found at
http://www.aaib.gov.uk/publications/bulletins/august_2005/ask13_glider__fwn.cfm .

W.J. (Bill) Dean (U.K.).
Remove "ic" to reply.

> wrote in message
oups.com...
Man sues air park after glider crash

http://www.bucksfreepress.co.uk/news/localnews/display.var.676512.0.man_sues_air_park_after_glide r_crash.php

By staff reporter

A MAN badly injured in a glider crash at Wycombe Air Park has launched
a High Court claim for compensation.

Daniel Marshall, 31, from Kingston, Surrey, needed surgery for two
fractured legs after the crash on August 6 2004, which he claimed in a
writ was caused when his camera strap entangled itself in the glider
controls.

The writ issued at London's High Court, which was made public on
Monday, has revealed Mr Marshall is suing the Booker Gliding Club for
£300,000.

He has said the club should have prevented him from taking his camera
on board the glider.

The writ said Mr Marshall had a trial gliding lesson bought for him by
his mother, which he took with an instructor at the air park in Clay
Lane, Booker.

Mr Marshall said he put his camera on the floor between his legs, but
shortly after they were airborne the instructor lost control and the
glider crashed nose first. The instructor suffered serious chest and
back injuries in the crash.

Mr Marshall was airlifted to Wexham Park Hospital and treated that day.
The writ said he required two further operations on both of his ankles,
and that he is now disadvantaged in employment because of continuing
problems with his legs.

It also said the instructor lost control of the glider when the camera
became stuck in the aperture for the front seat control column during
take off.

In the writ Mr Marshall accuses the club of negligence for failing to
ensure the camera was secure and failing to tell him loose objects
could interfere with glider controls. The club is also accused of
negligently allowing Mr Marshall to take a trial lesson when he had the
camera, and exposing him to an unnecessary risk of injury.

Booker Gliding Club said it was unable to comment on the matter as it
was under judicial deliberation.

[P.Corbett]

wrote:
> Man sues air park after glider crash
>
> http://www.bucksfreepress.co.uk/news/localnews/display.var.676512.0.man_sues_air_park_after_glide r_crash.php
>
>
> By staff reporter
>
> A MAN badly injured in a glider crash at Wycombe Air Park has launched
> a High Court claim for compensation.
>
> Daniel Marshall, 31, from Kingston, Surrey, needed surgery for two
> fractured legs after the crash on August 6 2004, which he claimed in a
> writ was caused when his camera strap entangled itself in the glider
> controls.
>
> The writ issued at London's High Court, which was made public on
> Monday, has revealed Mr Marshall is suing the Booker Gliding Club for
> £300,000.
>
> He has said the club should have prevented him from taking his camera
> on board the glider.
>
> The writ said Mr Marshall had a trial gliding lesson bought for him by
> his mother, which he took with an instructor at the air park in Clay
> Lane, Booker.
>
> Mr Marshall said he put his camera on the floor between his legs, but
> shortly after they were airborne the instructor lost control and the
> glider crashed nose first. The instructor suffered serious chest and
> back injuries in the crash.
>
> Mr Marshall was airlifted to Wexham Park Hospital and treated that day.
> The writ said he required two further operations on both of his ankles,
> and that he is now disadvantaged in employment because of continuing
> problems with his legs.
>
> It also said the instructor lost control of the glider when the camera
> became stuck in the aperture for the front seat control column during
> take off.
>
> In the writ Mr Marshall accuses the club of negligence for failing to
> ensure the camera was secure and failing to tell him loose objects
> could interfere with glider controls. The club is also accused of
> negligently allowing Mr Marshall to take a trial lesson when he had the
> camera, and exposing him to an unnecessary risk of injury.
>
> Booker Gliding Club said it was unable to comment on the matter as it
> was under judicial deliberation.
>

I am not a lawyer but I can see the plaintiff's point.
The PIC is responsible for the safety of the flight and needs to pay
attention to loose objects in the aircraft. The student may stand
accused of lacking common sense but the PIC blew it when he allowed the
camera in the cockpit without making sure that it was secure. As for the
club, the owner/operator is likely to be in the line of fire when vul...
I mean the lawyers start circling the carcass.

Paul

[Mal]

Very intetesting read thank you.

Mal

[Rory O'Conor]

A most unwelcome development.

This is a lose-lose-win situation:
The plantiff loses, the defendant loses and the
lawyers win at every turn.

I hope that senior members of the movement may find
some way to engage this individual in dialogue and
avert a costly legal battle which will be in no-one's
interest.

All the information suggests that the BGA, club and
instructor have a robust defence, but that maintaining
this defence will cost the movement and the individual
concerned considerable legal fees.

I hope that we can find a way of persuading the
individual to withdraw this writ without everyone
incurring large legal costs.

Rory

[Don Johnstone]

At 14:48 27 January 2006, Rory O'Conor wrote:
>A most unwelcome development.

I agree wholeheartedly with that

>>All the information suggests that the BGA, club and
>instructor have a robust defence, but that maintaining
>this defence will cost the movement and the individual
>concerned considerable legal fees.

Sadly Rory I have to disagree there is really no defence.
The responsibility for ensuring safety sits very firmly
with the captain of the aircraft. Whatever goes wrong
the captain is responsible. This type of case is probably
the future for many pastimes. As with many things if
a person is not specifically warned against something
then the organisation that should have given the warning
is frequently held liable, and there but for the grace
of God............
>
>I hope that we can find a way of persuading the
>individual to withdraw this writ without everyone
>incurring large legal costs.

That I somehow doubt. I can't see the plaintiff doing
anything other than 'winning', but stanger things have
happened.

I remember a case where a pupil mishandled an aircraft
when receiving instruction and the instructor, as captain,
was sucessfully sued as a result, and an equally interesting
case where an instructor attempted to sue a pupil for
causing an accident, which he undoubtably did, but
the case failed and costs were awarded against the
captain of the aircraft. Both these over 20 years ago
so it isn't even new.

[Shawn]

Rory O'Conor wrote:
> A most unwelcome development.
>
> This is a lose-lose-win situation:
> The plantiff loses, the defendant loses and the
> lawyers win at every turn.
>
> I hope that senior members of the movement may find
> some way to engage this individual in dialogue and
> avert a costly legal battle which will be in no-one's
> interest.
>
> All the information suggests that the BGA, club and
> instructor have a robust defence,

I disagree. If the plaintiff wasn't warned about the risks of loose
items in the cockpit, a very well known, familiar, and preventable risk,
he deserves to "win". Now in my opinion "winning" involves not having
to pay for medical expenses, and being reimbursed reasonably for lost
wages. None of this "Woe is me" punitive crap, he did accept some risk
by signing on for instruction. It's not like a drunk ran him over while
he was walking to church. If, as I said, the operation didn't warn him
of those dangers, they screwed up. They should have insurance for such
things, and their insurance should have settled long ago.
If the plaintiff was warned about loose objects in the cockpit (and
there is some proof of that-a signed waiver for example) maybe the
instructor should sue him!

One hope would be that if the plaintiff desires to fly *anything* ever,
gliders, power etc. he should settle or he'll never find a willing
instructor.

Shawn

[Jack]

Rory O'Conor wrote:

> I hope that we can find a way of persuading the
> individual to withdraw this writ without everyone
> incurring large legal costs.

"Loser pays" would be a nice start (here in the USA, too).


Jack

[Shawn]

Jack wrote:
> Rory O'Conor wrote:
>
>> I hope that we can find a way of persuading the
>> individual to withdraw this writ without everyone
>> incurring large legal costs.
>
>
> "Loser pays" would be a nice start (here in the USA, too).

Pays what? Court costs? Sure. The other lawyer? F@ck that. Make the
losing lawyer pay.

Shawn

[[email protected]]

Speaking of litigation, check out the "sponsored links" on Google
Groups, below, that are displayed when you click through to the new
thread: "In Middle Tennessee - Come Fly With Us At Eagleville
Sailplanes"
(http://groups.google.com/group/rec.aviation.soaring/browse_thread/thread/1d4f358192b5fc59/4409c907554738f4#4409c907554738f4)

I've always thought Google was a pretty helpful resource but this is
going a little far. As for the lawyers who advertise like this, the
less said, the better.

Chip Bearden
ASW 24 "JB"
-----------------------------------------------------------
Sponsored Links (as of Friday, 27 Jan 2006)

Small Plane Crash Lawyers
Record settlements in small plane
crashes. Over 20 years experience.
www.robbrobb.com

Aviation Disaster Lawyers
Multi-state practice
Aviation Law Expertise
www.williammuhr.com/

Aircraft Accident Lawyer
Representing People Injured in
Airplane and Helicopter Accidents
www.aviationaccidentlaw.com

[Charles Petersen]

When you see lawyers circling, does it indicate lift???


> I am not a lawyer but I can see the plaintiff's point.
> The PIC is responsible for the safety of the flight and needs to pay
> attention to loose objects in the aircraft. The student may stand accused
> of lacking common sense but the PIC blew it when he allowed the camera in
> the cockpit without making sure that it was secure. As for the club, the
> owner/operator is likely to be in the line of fire when vul... I mean the
> lawyers start circling the carcass.
>
> Paul

[Derek Copeland]

One of the legal companies mentioned below are called
Robb & Robb LLC. Sounds like their names each have
one too many 'b's in them!

Del Copeland
-------------------
At 23:42 27 January 2006, wrote:
>Speaking of litigation, check out the 'sponsored links'
>on Google
>Groups, below, that are displayed when you click through
>to the new
>thread: 'In Middle Tennessee - Come Fly With Us At
>Eagleville
>Sailplanes'
>(http://groups.google.com/group/rec.aviation.soaring/browse_thread
>>/thread/1d4f358192b5fc59/4409c907554738f4#4409c907554738f4)
>
>I've always thought Google was a pretty helpful resource
>but this is
>going a little far. As for the lawyers who advertise
>like this, the
>less said, the better.
>
>Chip Bearden
>ASW 24 'JB'
>-----------------------------------------------------------
>Sponsored Links (as of Friday, 27 Jan 2006)
>
>Small Plane Crash Lawyers
>Record settlements in small plane
>crashes. Over 20 years experience.
>www.robbrobb.com
>
>Aviation Disaster Lawyers
>Multi-state practice
>Aviation Law Expertise
>www.williammuhr.com/
>
>Aircraft Accident Lawyer
>Representing People Injured in
>Airplane and Helicopter Accidents
>www.aviationaccidentlaw.com
>
>