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Pilot Indited


Rotorwing
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Read this arctical with great interest and again wondered how good the wavers are for heli-skiing.

As always it will come down to the pilot if there is error, even though it might seem like the right thing to do at the time, heli-ski pilots be carful those folks in the back can become your worst enemy in a court room

 

RW

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Those waivers that every one are waving around aren't worth a pinch of 'coon sh*t. Insurance companies and Operators use them to intimidate the less aggressive claimants.

 

Any good lawyer would argue the you can't sign away your rights when you don't understand the risks.

 

In this situation, unless you, your aircraft and your company are completely in compliance with every Law, Regulation and Customer requirement, you are in for a rough ride.

Edited by Reddog
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Untrue guys, in this particular situation, a waiver did work...

 

 

 

BAY STREET Summary

 

 

 

...or if you don't want a long legal-read, the gist is..

 

"141 In the result, I find the waiver valid and sufficient to exonerate the defendants from liability for the negligence alleged, and in the circumstances, the waiver as executed is binding on the plaintiff.

 

 

IV. Damages

142 Because of my finding that there is no ground upon which the plaintiff could succeed in damages against the defendants, it is not necessary to assess damages.

 

 

Disposition

143

 

1) The action against Jocelyn Lang for criminal negligence is dismissed.

 

2) The action against any and all of the defendants in negligence is dismissed.

 

3) The waiver is valid and if there was a finding of negligence it would exonerate the defendants of liability.

 

4) Damages are not assessed as a result of the finding of no liability on all grounds. "

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