CityCyclingEdinburgh Forum » Debate!

Strict Liability in Scotland

(7 posts)

  1. fimm
    Member

    I saw this headline on the BBC News website:
    Helicopter Crash Legal Action Begins

    That's odd, I thought, surely they are still investigating what went wrong. It seems a bit early to be taking legal action. So I read the article, and I got to this quote:

    "Irwin Mitchell [the legal firm in question] partner Elaine Russell said: "... we continue to eagerly await further information from the Air Accidents Investigation Branch regarding the progress of its investigations.

    "However, we have now issued a letter of claim to Bond Aviation Group which, as the owner and operator of the aircraft, is legally liable for the deaths of the police passengers and the ground victims in the pub, as well as those who were injured in the pub, under a legal concept known as strict liability.""

    Oh.

    Actually, if I've understood the concept correctly, the Clutha incident is a good example of how strict liability works. The helicopter could easily have come down without injuring anyone on the ground (I looked at Streetview, and there's quite a big space just in front of the pub) but even though the deaths & injuries on the ground could quite reasonably described as "bad luck" doesn't stop the owner & operator of the helicopter being legally responsible.

    (Cue some comment about people in crowded bars jumping out in front of unfortunately falling helicopters in order to claim compensation...)

    The rest of the article is here.

    Posted 10 years ago #
  2. chdot
    Admin

    I have no idea whether this is another example of 'current laws are enough' (but perhaps not used in 'cycling' cases)??

    "
    “On the evidence, the defenders have failed to provide an acceptable non-negligent account of how the accident occurred. I was not satisfied by the first defender’s explanation. It follows that the agreed presumption of negligence applies.”

    "

    http://www.edinburghnews.scotsman.com/news/transport/family-wins-185k-payout-over-son-s-death-crash-1-3268927

    Posted 10 years ago #
  3. slowcoach
    Member

    The Court's opinion seems to say that 'presumption of negligence' in this case was agreed by the defendant, so this would not be a general rule. It arose from the circumstances of the accident - the defendant admitted being the driver and that the car had swerved onto the wrong side of the road, and agreed that it would be her fault unless she could show otherwise. The court didn't believe her claim that the crash was caused by the drunk passenger grabbing the steering wheel.

    Posted 10 years ago #
  4. crowriver
    Member

    Basically the driver changed her story to try and avoid liability and was caught out. So the moral for drivers who kill is: stick to your story, however flimsy the excuse.

    Oh and preferably kill a cyclist rather than a car passenger or a pedestrian. You're more likely to get off as the cyclist was obviously asking for trouble cycling on the public road.

    I have visited the Clutha Vaults on several occasions in the past. Great pub. Also visited the '8 ball' pool lounge which use to be above it a couple of times. Some rough customers in there. you had to watch yourself. Anyway yes there's a big car park for the nearby St Enoch centre adjacent to the bar. I presume the helicopyter lost power and could not 'land' anywhere else?

    Posted 10 years ago #
  5. wee folding bike
    Member

    The river is even closer but they didn't ditch there either

    Posted 10 years ago #
  6. crowriver
    Member

    I must correct myself, I am thinking of the Scotia Bar with the 8 ball pool hall above. My recollections of the times spent in that area of Glasgow are somewhat hazy to say the least.

    Posted 10 years ago #
  7. chdot
    Admin

    "

    Other bodies are urging the football authorities to introduce “strict liability” to make clubs responsible for the actions of fans.

    Dave Scott, director of anti-sectarianism charity Nil By Mouth, said: “We’re not suggesting that strict liability replaces policing, strict liability isn’t the magic bullet but it’s a direction of travel in terms of cultural change in football.

    "

    http://www.edinburghnews.scotsman.com/our-region/edinburgh/scottish-cup-pitch-invasion-could-spark-clampdown-1-4137233

    Posted 7 years ago #

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