Thread: UK exchange student who survived a light plane crash near Agnes Waters sues CASA.

While I am not a lawyer, suing CASA for the actions of a cowboy charter operator would seem rather unlikely to succeed. It seems to me that the first step would be to prove that the operator was culpable, and then to establish that CASA was culpable for not keeping them in check.

Since, from what I know of the accident, the actual cause of the engine quitting is still unknown, the "culpable" action of the pilot would seem to lie in making a hash of a forced landing - in the circumstances very easy to do - he seems to have attempted a turn with no power at low level, and stalled as a result of increased wing loading resulting in loss of airspeed. Translating that into culpable action on the part of the operator, and from there toCASA, seems to me to be pretty tenuous (even if the operator was an accident waiting to happen!).

Originally Posted by JDNSW

first step would be to prove that the operator was culpable, and then to establish that CASA was culpable for not keeping them in check.

Since, from what I know of the accident, the actual cause of the engine quitting is still unknown, the "culpable" action of the pilot would seem to lie in making a hash of a forced landing - in the circumstances very easy to do - he seems to have attempted a turn with no power at low level, and stalled as a result of increased wing loading resulting in loss of airspeed. Translating that into culpable action on the part of the operator, and from there toCASA, seems to me to be pretty tenuous (even if the operator was an accident waiting to happen!).

casa found them culpable in their report.

engine out at 60feet (18m) means no turning.

Originally Posted by Eevo

casa found them culpable in their report.

engine out at 60feet (18m) means no turning.

Finding that "pilot error" has resulted in an accident is a long way from finding the employer of the pilot culpable, and an even longer step to find the regulator culpable. Perhaps worth noting that a similar "chain of responsibility" in the trucking industry required legislation, which I don't believe exists in the aviation area, except where it is established by the ANRs,

To put this in more familiar territory, this would be the equivalent of suing the RMS for injuries that occurred to a passenger when a taxi driver ran a red light. Best of luck with that.

Originally Posted by Eevo

casa found them culpable in their report.

engine out at 60feet (18m) means no turning.

Yep, engine out at 60’ means your aim point to land is a few hundred metres ahead (assuming he gets over the startle factor and translates his cruise speed into height).

I hope the litigant has deep pockets. CASA, being a gov department, will bankrupt them. Simple.

About 10 years ago, I sought advice re suing DVA over my father’s exposure to radiation in Hiroshima after WW2, and his subsequent health problems (and eventual death). When I was taken through the tactics used, I reluctantly thought better of it...

Originally Posted by Hugh Jars

About 10 years ago, I sought advice re suing DVA over my father’s exposure to radiation in Hiroshima after WW2, and his subsequent health problems (and eventual death). When I was taken through the tactics used, I reluctantly thought better of it...

Been there, done that - my father died at 61 from liver cancer - he was in the occupation forces and in Horoshima a few weeks after the bomb (as well as overseas war service in the Pacific) and carried around a piece of melted glass he collected in his pocket as a keep sake - lost it about 10 years later. When diagnosed doctors put it down to war service and the piece of radioactive glass.

We sought a war widows pension (gold card) for my mum but firstly occupation service was not considered as war service so not eligible service and secondly, it was not possible to definitely link (to DVA standards) the cancer to military service so the end result was no assistance for my Mum - you just cannot win with them. Now nearly 35 years later my now 92yo mum still gets no assistance form DVA.

As a ex serviceman with nearly 30 years service, I have submitted a couple of claims withh DVA and had no success - with the last one (skin cancer) I was told by the DVA consultant not to even bother putting in a claim as it will be rejected - even though I met all the service and medical requirements - yes DVA is an organisation that seems to actively work against ex and current servicemen rather than helping them.

Garry

Indeed, Garry. That's terrible for your mother to go through all that, only to be abandoned by DVA. The wives were often the glue that kept post-WW2 families together, and they should have been looked after...

Friends around my age served, and were abandoned by DVA. They really are the enemy of our servicemen and women.

My dad fought in New Guinea for most of WW2, then went to Kure (Hiroshima) and worked in transport with BCOF. I have pictures of him walking around Hiroshima in shorts, singlet and boots. No protection.

During his time there he was trained as a mechanic/driver, so worked on lots of diesel trucks.

When he came home in 1947, he was unwell from gunshot injuries he received earlier in New Guinea (as well as PTSD, etc), and was unable to work for any length of time without spending lengthy stays in hospital. He got a TPI around 1982 but his health slowly deteriorated.

He eventually was diagnosed with Myelodysplasia (a type of leukaemia), and tried to have this attributed to radiation received in Japan. DVA approved a disability as a result of military service, but carefully entered this on his service record as being a result of exposure to benzene in Japan. He disputed that till the day he died.

That makes it virtually impossible to challenge.

CASA are experts at arse-covering. IMO it's extremely unlikely a lawsuit will be successful. That would set a precedent.

The question I ask is why did they not go the operator? Have they conveniently gone belly-up?

If it is anything like I encountered about 25 years ago, I was advised to visit the 'Soche' to try & get some financial monetary relief for a buggered spine so had no income at all.

Woman behind the counter stated "Blah blah blah.. we can't give our money away" . I was reaching for her scrawny throat with both hands when 'er indoors pulled me away.

Bastards never paid a cent.

DVA often spout on about looking after Veterans but that all sounds like ballcocks.

Just to add to this discussion. My sister (who died in December) faced this about eighteen years ago when her husband died. She was successful in getting her husbands death attributed to his war service in New Guinea (issuing of cigarettes), and got a War Widows Pension. I attribute her success in this to the efforts of Legacy.