VOCA

An aviation researcher, writer, aviation participant, pilot & agricultural researcher. Author of over 35 scientific publications world wide.

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Helicopters

There are a number of helicopter incidents and we will place these on this site as we find them, or, unfortunately as they occur.

 

Queensland legal action:

2014:

TORTS – NEGLIGENCE – DANGEROUS AND INJURIOUS THINGS, ETC – BREACH OF DUTY OF CARE – where the plaintiff was seriously injured in a helicopter accident – where the first defendant was the manufacturer of the helicopter and the helicopter Maintenance Manual – where the plaintiff alleged that the accident and its consequences were caused by the first defendant’s negligence in failing to exercise reasonable care to ensure that the Maintenance Manual provided an adequate inspection procedure to detect the cause of the accident – where the first defendant alleged that the Maintenance Manual provided for all appropriate and adequate inspection procedures – whether the Maintenance Manual was adequate to prevent the cause of the accident.

McDermott & Ors v Robinson Helicopter Company [2014]QSC 34
PARTIES: GRAHAM JAMES McDERMOTT (first plaintiff) JUANITA CAROL McDERMOTT (second plaintiff) NTB PASTORAL HOLDINGS PTY LTD (third plaintiff)
v
ROBINSON HELICOPTER COMPANY (first defendant)
FILE NO/S: BS 4573 of 2007 DIVISION: Trial Division PROCEEDING: Trial
DELIVERED ON: 17 March 2014 DELIVERED AT: Brisbane

Also:

http://www.pprune.org/rotorheads/539523-r22-washup-may-2004-crash.html#post8471384

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2010 to 2011

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – SPECIAL RELATIONSHIPS AND DUTIES – where the appellant, Mr St Clair, sustained personal injuries in a helicopter accident – where the upper actuator bearing failed – where the helicopter was owned by Timtalla Pty Ltd (“Timtalla”) and leased to the appellant – where the helicopter was serviced by an employee of Choppercare Pty Ltd (“Choppercare”), a wholly owned subsidiary of Timtalla – whether Choppercare was the agent for Timtalla – whether Timtalla was vicariously liable – whether Timtalla owed a non-delegable duty of care to the appellant – whether Timtalla owed a similar non-delegable duty to see that Aircraft Technicians of Australia Pty Ltd (“ATA”) exercised reasonable care

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – IN GENERAL – where the helicopter involved in the accident was a Robinson helicopter – where the upper actuator bearing failed – where the failed bearing was an NTN bearing – where a Robinson bearing should have been installed – whether the trial judge drew an incorrect inference as to the date the incorrect bearing was installed.

Aircraft Technicians of Australia Pty Ltd v St Clair; St Clair v Timtalla Pty Ltd [2011] QCA 188
PARTIES: AIRCRAFT TECHNICIANS OF AUSTRALIA PTY LTD ACN 056 942 904 (appellant/cross-respondent) v ARCHIE STEPHEN ST CLAIR (respondent) ARCHIE STEPHEN ST CLAIR (appellant/cross-appellant) v TIMTALLA PTY LTD ACN 010 951 836 (respondent)
FILE NO/S: Appeal No 9961 of 2010 Appeal No 10865 of 2010 SC No 5637 of 1996

TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – PARTICULAR CASES – OTHER CASES
– where the plaintiff sustained personal injuries in a helicopter accident in – where the plaintiff did not keep an accurate pilot logbook in accordance with the Civil Aviation Regulations 1988 (Cth) – where the upper actuator bearing failed – where the plaintiff attempted autorotation – whether the plaintiff was flying too close to the ground – whether the plaintiff failed to employ the correct technique for autorotation – whether the plaintiff failed to accurately record the flying hours of the helicopter
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – IN GENERAL
where the plaintiff sustained personal injuries in a helicopter accident in 1994 – where the upper actuator bearing failed –
where the helicopter was owned by the first defendant and leased to the plaintiff – where the second defendant had serviced the helicopter – where the first defendant and second defendant had the same directors at the material time – where the first defendant owned all the shares in the second defendant – whether the second defendant was the agent of
the first defendant – whether the first defendant had a nondelegable duty of care to the plaintiff
TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – IN GENERAL –
where the plaintiff sustained personal injuries in a helicopter accident in 1994 – where the upper actuator bearing failed –
where the helicopter was owned by the first defendant and leased to the plaintiff – where the fifth defendant had serviced
the helicopter at various times – whether the fifth defendant was liable for the plaintiff’s injuries

 

St Clair v Timtalla Pty Ltd & Anor [2010] QSC 296
PARTIES: ARCHIE STEPHEN ST CLAIR (plaintiff) v TIMTALLA PTY LTD (first defendant)
AND AVAID PTY LTD (UNDER EXTERNAL ADMINISTRATION)

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2012

Report on 60 Minutes:

 

and a US lawyer report: