(United States Court of Appeals, Fifth Circuit) The court considered the application of the doctrine of res ipsa loquitur in an action for damages after a helicopter crash where there was no clear explanation for the crash.
Held: d’Auvergne J said: ‘Major improvements in design and manufacturing technology, in pilot training and in ground control, communications, and navigational aids, among other things, have combined to give air travel an estimable safety record . . Logic, experience and precedent compel us to reject the argument that airplane crashes ordinarily occur in the absence of default by someone connected with the design, manufacture, or operation of the craft’.
Judges:
d’Auvergne J
Citations:
[1977] USCA5 438, [1977] 545 F 2d 422
Links:
Jurisdiction:
United States
Cited by:
Cited – George v Eagle Air Services Ltd PC 12-May-2009
(Saint Lucia) The claimant sought damages after an aircrash. There was no obvious failure or explanation of the cause of the crash.
Held: The claimant could rely on the doctrine of res ipsa loquitur to transfer the burden to the defendant. . .
Lists of cited by and citing cases may be incomplete.
International, Negligence, Transport
Updated: 14 November 2022; Ref: scu.346205
