Passenger liability

Speaking of US vs. them EU, there are two more factors to be taken into account: the likelihood of a lawsuit (Americans generally being a lot more litigious than Europeans), and the concept of moral damages (typically symbolic in many European jurisdictions, but easily going into millions in the US).

When the passenger arrives for the flight, go over the waiver with them by reading it verbatim. Videotape all of this.

I’m a pilot, and I would refuse to fly with someone who felt the need to do this.

There is a huge difference between certified and not certified aircraft. A certified aircraft is just like a car in this respect. Can you sue a car driver when he crashes? of course, both criminal and civil (a criminal law suit is less likely than with a car it seems, and I guess civil also?) But, for a non-certified aircraft, all your insurances (life insurances) are void. Insurance vice, flying a non certified aircraft is like base jumping, it’s not covered, and specifically so. I mean,you can insure the aircraft, and third party, but not the “activity”. So if you die for whatever reason, or get a lasting injury when flying, or as a passenger, you are not covered by an insurance.

In any circumstance, I can’t understand what good that “Liability Release Agreement” would do for the passenger, except making it all too obvious for a life insurance company that the passenger is willing to forfeit (in principle) her life insurance, or any other insurance that covers life or injury. Since certified GA is just “business as usual”, then in Norway at least, this “Liability Release Agreement” could only mean the passenger willfully became passanger of an aircraft in a flight that was planned to be done against the rules and regulations, or in something else that was not covered (at least that is what the life insurance company would follow). This passenger could be found “guilty” in a civil court, if it came to that. If no rules or regulations were broken, that agreement would mean nothing. I think? such an agreement is by default meaningless in any circumstance. An agreement can only include what the terms actually are, and the passanger is made aware of that, and accept them. Not that she would have any other choice if she would like to come along. It’s exactly the same when being passenger of a private car.

For non certified aircraft this would be different. The passenger is per definition willfully coming along in a “high risk” activity that you cannot normally insure yourself against, if something happens. Then this “Liability release Agreement” could be used in court to show the pilot actively misinformed the passenger. She could believe she would be covered by her own life insurance, when she 99.9% chance is not. This agreement could work against the pilot. Again, such an agreement should only include that she willfully comes along, even though she has been made aware of the fact that her life and injury insurances are most likely void.

Peter wrote:

The major question is what, if anything, can be predicted about the outcome of the resulting wrongful death lawsuit?

IMO the main issue here is that if this “Liability Release Agreement” was signed, then the lawsuit would not be wrongful. No matter how you look at it, such an agreement points to something odd, or not right. This depends on what actually is in the agreement of course. But if that agreement includes more than the passenger being made aware, and accepting, the current terms of obvious insurance stuff and liability, then something odd is at play. (haven’t read the article though).

This is just incorrect; certainly in the UK, though it would depend on how you define a ‘non-certified’ aircraft.

One aircraft I fly is a UK permit aircraft, with maintenance supervised by the UK LAA. Our insurance is currently with Haywards, and we have GBP 5 million 3rd Party and Passenger Liability, GBP 7.5m Crown, and inc. German and Danish requirements (65m DKK). See here.

We also have full cover for our flying ‘companions’ (Named pilots for incapacitation course for dual training up to a standard were the instructor is satisfied that the trainee could deal with an incapacitation and land the aircraft safely) for a modest £50.

… But, for a non-certified aircraft, all your insurances (life insurances) are void. …

That may be true for the owner/builder/pilot in some countries (certainly not where I live – my life insurance does not exclude anything not even suicide). But how can a pasenger know what kind of aircraft she/he is flying with? They don’t even know the difference between commercial and private operation.

Around here (Germany) a private pilot has nothing to fear, liability wise, as long as he does not violate any rules or acts recklessly. Vaivers signed by passengers are totally worthless. Should anything happen it is usually not the passenger or his familiy who go after the pilot but their health insurance. Treating severe burns in intensive care for half a year costs several hundred thousand Euros and the insurer will do what he can to forward that bill to someone else.

Commercial transport is different in that respect. Don’t know about grey areas like Wingly (which from the part of the unsuspecting passenger looks a lot like commercial operation), therefore passenger liability insurance makes a lot of sense in that case.

There is a huge difference between certified and not certified aircraft. A certified aircraft is just like a car in this respect. Can you sue a car driver when he crashes? of course, both criminal and civil (a criminal law suit is less likely than with a car it seems, and I guess civil also?) But, for a non-certified aircraft, all your insurances (life insurances) are void. Insurance vice, flying a non certified aircraft is like base jumping, it’s not covered, and specifically so. I mean,you can insure the aircraft, and third party, but not the “activity”. So if you die for whatever reason, or get a lasting injury when flying, or as a passenger, you are not covered by an insurance

Mulling this over, I can’t let this one go. If it applies to your country, then state your country.

Otherwise it’s just fake news / alternative facts. I don’t want my pax or anyone else reading and accepting this as a blanket condemnation of insurance cover in non-certified a/c, however you define non-certified a/c.

Additionally, with my life insurance in the UK, it is not void for GA flying activities, whatever I choose to fly, whether I launch off Brighton pier on a bicycle flapping my arms, or climb into a friend’s Kingair.