Lawford Kidd specialise in handling aircraft, aviation and travel accident claims in Scotland.
Over the years the firm has been involved in compensation claims for passengers and airline staff arising out of major aircraft accidents. We have also helped claimants who have had problems with travel accidents abroad claim compensation.
The recent helicopter crash in Glasgow has, again, brought the safety of rotorcraft into focus. There have been a number of accidents involving helicopters in Scotland in recent years, including the well-documented problems with the Super Puma aircraft which serve the North Sea Oil Rigs and the crash which cost Rally Driver Colin McRae, his son and two friends their lives.
Understandably, those affected by these accidents and the families of the victims seek answers and, where possible, remedies including compensation.
The law on the issue is clear and imposes strict liability on the owners and operators of rotary-wing aircraft:
David Sandison says:
"Victims of helicopter crashes should recover compensation without having to prove who was at fault.
Section 76(2) of the Civil Aviation Act 1982 imposes strict liability where damage is caused to anybody or any property on land by an aircraft while in flight. If the aircraft is on hire for more than 14 days, the claim is against the hirer rather than the owner.
Victims on the ground may not have to prove what happened, but only that they suffered material loss, damage, injury or trauma as a result of the accident.
Claims can include compensation for physical injuries, loss of earnings and any care and assistance required. Compensation is also recoverable if you have lost a loved one.
Following a test case where Korean Airlines’ cargo plane crashed in Stansted in 1999 the English courts found that damage could also include post-traumatic stress disorder for victims on the ground."
Our thoughts are with the families of those affected by this tragic accident.
If you would like more information on the law in this area, call us on 01312255214
We shall be happy to give free advice about such claims. Don’t wait to take legal advice as there can be strict time limits. Call our expert compensation claims lawyer for free advice, at 01312255214.