MattJen
Elite Veteran
Location: UK,Gravesend, Kent
| Just to clarify, all BMFA members are unconditionally insured where ever they fly in the UK. That includes even if they have or have not permission to fly by the land owner.
The only way the insurance will pay out is if all rules were being abided by,my brother in law is a solicitor for insurance claims, he currently does a lot of work for Terminal 5,
if someone made a claim against a company or person who was insured he would do the investigating and fight it in court on behalf of the insurers, the first thing they would look at, is, were the BMFA safety rules being followed,
i looked on the back of the BMFA insurance document and my attention was drawn to the Civil liability protection ACT of 2003,
the highlights i have pasted below
http://www.runryder.com/helicopter/...lLiabA03_1_.pdf
General principles
(1) A person does not breach a duty to take precautions against a
risk of harm unless—
(a) the risk was foreseeable (that is, it is a risk of which the
person knew or ought reasonably to have known); and - i would say hoverign near caravans and kids playgrounds consititutes a risk on a machine that oculd have mechanical failiure -
(b) the risk was not insignificant; and
(c) in the circumstances, a reasonable person in the position
of the person would have taken the precautions.
(2) In deciding whether a reasonable person would have taken
precautions against a risk of harm, the court is to consider the
following (among other relevant things)—
(a) the probability that the harm would occur if care were
not taken;
(b) the likely seriousness of the harm;
(c) the burden of taking precautions to avoid the risk of
harm;
(d) the social utility of the activity that creates the risk of
harm.
those point clearly show that it would be unsafe to fly anywhere other than field, to do other wise would breach of duty and general standard of care. as the risk was not unkown..
it seems a regular thing for some to try and circumnavigate/find loop holes in the rules, and to tell people on here it is ok and they would be covered is clearly wrong.. cos it would go to court and it would be proved even more so if the pilot was A or B certified, the individual was clearly breaking the rules and not flying in a safe manner..or with due care and attention, attention would be drawn to BMFA handbook and safety codes..
My question would be, one of the injuries at a club down in the south west where a video was placed on here of the lad with a hefty chunk taken out of his leg, was and is still an on going process,AFAIK, if the pilot was covered then surely that would have been sorted out ages ago, it must be nearly 2yrs now that has dragged on for. or even longer.
Matt
I bought mymother in law a chair for xmas, but she would not plug it in. |
But I did say they would be covered.
