In the past year 2 cases came before the High
Court, each claiming substantial damages against an investment company for
negligence in the care for employees who lost their live in air accidents. Both
cases concerned individuals who died on flights chartered by third party
clients, in order to visit remote sites overseas.
The defendants had relied upon their ‘more
knowledgeable’ clients to analyse and manage the air travel risks but this attitude
was alleged to be a breach of reasonable duty of care. The defendants lost one
case and won the other.
Firstly, no matter what the circumstances,
employers are required to exercise reasonable care when asking their employees
to travel but not all non-aviation businesses have the expertise or resources
to do so adequately. Equally, the business must be able to defend itself
against accusations of negligence, with robust evidence of reasonable care.
So, do you exercise reasonable duty of care and if
so can you prove it? If not give us a call… Gates Aviation +44 (0)207 469 6437
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