Lawsuit for damages after accident during flight test
Who is liable for damages after a helicopter accident during a test flight? The Munich Higher Regional Court (OLG) will have to deal with this question on Thursday (1 p.m.). The helicopter, which was to be used commercially, was severely damaged during a legally prescribed test flight maneuver as part of a pilot examination.
The pilot holds the examiner responsible for the damage. He assumes that the examiner caused the accident by unexpectedly intervening in the controls, braking and accelerating too late. During the unsuccessful maneuver, the helicopter's tail hit the ground at the airfield in Vilsbiburg. The tail was severed, whirled around and knocked off three of the four main rotor blades.
However, the claim was dismissed at first instance because in such cases, it is not the inspector as a private individual who is to be sued for damages, but in this specific case the responsible aviation supervisory authority - i.e. the Federal Aviation Office.
The Federal Aviation Office, as the responsible aviation supervisory authority, should review the air traffic processes leading up to the accident, as they may have contributed to the helicopter's damage during the test flight. Despite the pilot's allegations against the examiner, it's crucial to examine the overall air traffic processes to ensure such incidents do not occur in future commercial flights.
Source: www.dpa.com