Microlighters

How waterproof is an indemnity, and what has to be in there ?

http://www.news24.com/SouthAfrica/News/ ... m-20140519

Du Plooy claimed in court papers the pilot had been negligent by attempting to land at an unregistered airfield, not approaching it at the correct airspeed and angle, not applying correct go-around procedures, and not avoiding treetops.

Interesting judgement....(we are of course assuming the journalist wrote it down right? )

Some of my mates with legal experience all tell me those "indemnities" are about as much use as a chocolate tea cup.

You cannot indemnify against "negligence"...if it's proved...you're screwed.
It also does not stop another person (one who didn't sign) from suing you.

My interpretation is that the pilot was found negligent so a signed indemnity would not have absolved the pilot from his actions.

The issue of landing on an unregistered strip whereby establishing negligence is a concern. I wonder if the pilot's public liability insurance would honour this claim?

I believe that an indemnity merely puts on record that the pax has been made aware of the dangers which could offer protection except against negligence.

Bundy wrote:

Du Plooy claimed in court papers the pilot had been negligent by attempting to land at an unregistered airfield, not approaching it at the correct airspeed and angle, not applying correct go-around procedures, and not avoiding treetops.

Interesting judgement....(we are of course assuming the journalist wrote it down right? )

Some of my mates with legal experience all tell me those "indemnities" are about as much use as a chocolate tea cup.

You cannot indemnify against "negligence"...if it's proved...you're screwed.
It also does not stop another person (one who didn't sign) from suing you.

Agree with you Bundy but I also wonder if she is a pilot herself to be so sure that he "did not approaching it at the correct airspeed and angle and not applying the correct go-around procedures"?

It is usually easy to see an unregistered airfield but even one that looks unregistered might in fact be. One can register your private runway/airfield with CAA under their voluntary registrations scheme (I wouldn't ), see Building a grass runway: http://www.avcom.co.za/phpBB3/viewtopic ... y&start=90
Will this effect the insurance claim?

And if some one isn't avoiding tree tops, 9 out of 10 they end up in it but also easy to see.

Just wondering out loud.

so another question comes to mind - looks like this was only for her injuries and not wrongful death of her husband.. is that another claim still to come ?

Pretoria - A Pretoria widow has settled her damages claim for R6.8m after she was injured in a light aircraft crash, The Citizen reported on Monday.

Annerie du Plooy, 39, of Olympus in Pretoria, sued the estate of the pilot, her husband's stepfather Spencer Watson, and his insurers after the accident in Limpopo in 2008 in which the 60-year-old Watson was killed.

Du Plooy's husband Henk, 31, sustained 75% burn wounds when he dragged her and his stepfather out of the burning wreck. He died in hospital two weeks later.

maybe misread a portion, as it looks like her husband is still alive, so these damages may be for her and him... looks low though...

I don't think she can sue for her husband's death, as he pulled her out of the wreckage which caused his death, not the aircraft accident itself.
Insurance would put his death as a result of his own actions, and not that of the pilot's (that's my understanding of it anyway).

Still puzzled about the unregistered airfield bit though.