Public Liability

[BurnieM]

1 hour ago, turboplanner said:

Rollercoaster, Royal Melbourne Show, girl goes onto tracks to retrieve dropped phone.

 

Attached is the story, source: Daily Mail Australia, Dec 20, 2024

Occurred 2022

A WorkSafe investigation cleared the operator.

The injured party is suing the operator of the rollercoaster for lifetime damages.

 

The story gives the background to date; The lawyers haven't provided their details yet.

 

This may be applicable to what you are expected to do as an aircraft owner or pilot or service operator where your aircraft comes in contact with inexperienced people who may walk into a prop, walk across the runway and be hit, hang around a workshop etc.

WQ10400.pdf 10.96 MB · 3 downloads

I hate this shit.

The ride operator did not have enough staff/fences in place to stop a customer doing something really stupid.

We all pay and the next operator (of anything) hesitates setting up a similar business.

 

[Thruster88]

1 hour ago, turboplanner said:

There's now a lot on the Ferris wheel if you search for it.

As this one unfolds we'll know the grounds of the claim and what is upheld by the judge if it gets to trial. In your case the parallel could be a visitor to your property airstrip.

Under the rules, we require the pilot-in-command and the operator of an aircraft to consider all circumstances associated with safely taking off or landing at a place prior to doing so. There are also rules in place that determine when an airport must have either an: air traffic control service.4 Mar 2024

https://www.casa.gov.au › how-aero...

 

 

 

How aerodromes are regulated | Civil Aviation Safety Authority

 

This has always been my understanding. 

[onetrack]

The insurance company site below has useful information in their FAQ's. Insurance is all about the following;

 

1. Understanding the risks involved in what you're doing. This means you have to clearly outline to your insurer, the activities you're undertaking, so they can assess the risk.

2. Making sure you clearly disclose to your insurer, anything that could affect a claim. "Non-disclosure" in insurance is a critical feature of insurance. If you do not disclose important information that an insurer needs to calculate risk, then you stand to have claims rejected due to that non-disclosure, which can either be intentional or non-intentional. Insurance companies treat non-disclosure as misleading or even fraudulent.

3. Insurance is all about "good faith". You make disclosures on the basis of good faith, and your insurer makes payouts based on good faith. Anything outside good faith recognition is regarded as misleading or fraudulent.

4. Public Liability insurance is based on the insured party either admitting negligence, or being found guilty of negligence. Admitting negligence after an insured PL event is not necessarily a bad thing, it saves a lot of costs involved in arguing and determining fault. If you are covered properly by an adequate PL policy, you should not fear repercussions by admitting negligence, when you are clearly at fault.

 

 

Aviation Insurance | Airport & Aviation Liability | QBE AU

WWW.QBE.COM

---

Get aviation insurance for aircraft owners, pilots, operators, maintenance organisations, airports, aviation businesses and more with QBE. Find out more.

 

[turboplanner]

2 hours ago, Thruster88 said:

Under the rules, we require the pilot-in-command and the operator of an aircraft to consider all circumstances associated with safely taking off or landing at a place prior to doing so. There are also rules in place that determine when an airport must have either an: air traffic control service.4 Mar 2024

https://www.casa.gov.au › how-aero...

 

 

 

How aerodromes are regulated | Civil Aviation Safety Authority

 

This has always been my understanding. 

Yes, all the CASA and RAA standards for airfields.

Plus Conditions 

    Stock troughs

    Old windmill sites

    Quarries used for rubbish

    Livestock removed

    Wildlife removed

    and so on

Plus Operations

     Who is in charge, who makes the decisions on the ground situation

     White crosses out if strip shouldn't be used

     Splays clear of young/overhanging trees

     Ground inspections

     Parked machinery

and those lists are just what I thought of today, nowwhere near the lot.

White crosses could have saved a lot of lives and aircraft over the years.

 

Industry Standards

We've lost two cases where our people weren't complying with Standards Australia or general safety standards within our industry, one where a Fire Marshall aimed an extinguisher around a drivers head so he wouldn't be breathing flames. It saved his life, but the correct way to operate a fire extinguisher is aim it at the seat of the flames.   The other one was connecting a catch fence (which can take a car impact from around 170 km/hr) by clamping overlapped cables instead of cables being looped and the ends clamped back on themselves.

Compliance with an Industry Standard can be a good defence.

 

Cases and decisions

These are a low cost way of seeing what the Courts are deciding and why - often things you'd never heard of before

 

 

 

[turboplanner]

24 minutes ago, turboplanner said:

Yes, all the CASA and RAA standards for airfields.

Plus Conditions 

    Stock troughs

    Old windmill sites

    Quarries used for rubbish

    Livestock removed

    Wildlife removed

    and so on

Plus Operations

     Who is in charge, who makes the decisions on the ground situation

     White crosses out if strip shouldn't be used

     Splays clear of young/overhanging trees

     Ground inspections

     Parked machinery

and those lists are just what I thought of today, nowwhere near the lot.

White crosses could have saved a lot of lives and aircraft over the years.

 

Industry Standards

We've lost two cases where our people weren't complying with Standards Australia or general safety standards within our industry, one where a Fire Marshall aimed an extinguisher around a drivers head so he wouldn't be breathing flames. It saved his life, but the correct way to operate a fire extinguisher is aim it at the seat of the flames.   The other one was connecting a catch fence (which can take a car impact from around 170 km/hr) by clamping overlapped cables instead of cables being looped and the ends clamped back on themselves.

Compliance with an Industry Standard can be a good defence.

 

Cases and decisions

These are a low cost way of seeing what the Courts are deciding and why - often things you'd never heard of before

 

 

 

Sorry, got interrupted.

 

Then there are things that need to be added when you get passengers, neighbours, farm dogs etc into the mix. We had two aircraft crop spraying one year. A pilot started the rotary engine in a Ceres just as a sheep dog walked through. He described an arc through the air and wasn't much good for a few days but that was a survival.

 

What happens when you get a fire on start up or in a crash?

 

I know that's heading for a list which few farmers would be wanting to see, but you have to cover the risks somehow. There was a chance of getting these policies set up so property owners would have an "industry" standard which was common across all properties in the days of RAA Inc. when the people who ran the Association related directly to the people in their district, but with the isolation of a Company but today you're on your own.