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Old January 27th 06, 02:05 AM posted to rec.aviation.soaring
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Default Camera Litigation in UK

wrote:
Man sues air park after glider crash

http://www.bucksfreepress.co.uk/news...e 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