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Light plane crashes near Essendon airport

A pilot is lucky to be alive after his light plane crashed and flipped onto its roof in an emergency landing at Essendon Fields airport. Light plane fatalities were at an all time high in 2022, with a reported 23 deadly crashes across Australia. Salerno Law have extensive experience in acting and advising in relation to compensation claims for aircraft related matters. This includes acting for companies, individuals and families affected by helicopter crashes in New South Wales, Queensland, the Northern Territory and Western Australia. In addition, Cliff acted in the tragic plane crash which occurred at Hamilton Island in 2002 and is currently acting in one of Australia’s most significant and catastrophic helicopter accidents.Head of aviation, Cliff Savala, has over 25 years legal experience in aviation matters has included him dealing with the ATSB, CASA, the Coroners Court, Australian Federal Police and local police during the investigation and prosecution phase of an aircraft crash. Thereafter, instructing appropriate aviation experts and Kings Counsel during the civil litigation phase to ensure the best possible outcome for the affected companies, individuals and families.The laws surrounding aviation claims are complex and therefore it is essential that legal advice from an expert aviation lawyer is obtained. In this regard, international conventions apply and importantly the normal limitation period for bringing a personal injury claim is restricted to 2 years from the date of the incident.For the full article on the Essendon light plane crash, Nine News reports HERE 

A Review of Aviation Law in Australia

A Review of Aviation Law in Australia – Considerations When Establishing the Liability of Australian Aircraft Carriers and Others in Civil Compensation Claims Introduction Aviation in Australia is governed by a combination of industry and regulatory bodies that deal with specific aviation industry sectors. The laws concerning the liability of aircraft carriers in Australia are administered under international conventions and domestic legislation. Tragically, four people died, and eight others were injured when two helicopters collided mid-air near Sea World on the Gold Coast on 2 January 2023. Complex and dated legislation governs the legal compensation claims arising from these incidents. Accordingly, this can make reaching a favourable legal outcome a lengthy and complex ordeal for the victims and their families, who usually have suffered significant physical and psychiatric trauma due to the crash. Identifying the parties  Parties to a civil claim relating to liability for an aviation accident typically include the pilot, operating company, aircraft manufacturer, and the entity that maintained the aircraft. Identifying the appropriate entity to sue in an aviation case will depend on determining the primary cause of the accident that resulted in the injury or loss of the victims. Aircraft incidents typically arise from several factors, including pilot error or negligence, failure of a mechanical part of the aircraft or unsafe operating procedures. Therefore, if the pilot's negligence caused the incident, the pilot and the aircraft company would typically be held liable. Similarly, manufacturers or maintenance companies are generally responsible if the cause is poorly maintained aircraft or parts. The Civil Aviation Safety Authority and the Australian Transport Safety Bureau investigate the sources of aircraft incidents in Australia, coupled with a police investigation and subsequent coronial investigation.  Limitations Carrier's liability and insurance arrangements are addressed in the Civil Aviation (Carriers’ Liability) Act 1959 (Cth). This Act establishes several frameworks of responsibility to protect the carrier, its employees, and passengers. Legislation governing Australian air carriers and their liability were founded on international treaties signed and ratified into Australian statute by way of the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 (Cth)[1]. The legislation now establishes airline liability in case of death or injury to passengers and in cases of delay, damage, or loss of baggage. Where legislative provisions do not cover Australian domestic carriage and travel, Part IV of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) imposes liability on a carrier for injury or death caused to a passenger or for loss or damage to a passenger’s baggage. In cases where no legislative provisions apply, an action may be brought under common law. One such limitation of aviation legislation is the lack of coverage for passengers to claim compensation for delay or cancellations. While the Competition and Consumer Act 2010 provides generalised guarantees and consumer protections, there are no specific legislation with regard to the aviation sector. Passengers are forced to rely on contractual terms and conditions presented at time of booking. However, it may be possible to seek compensation under the Montreal Convention [...]

2023-02-10T13:46:58+10:00February 10th, 2023|Aviation, Litigation, Personal Injury|
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