Difficult Choices For Copter Crash Victims Include US Lawsuit

The known evidence is pointing more and more strongly to potential negligence on the part of Sikorsky Helicopter Corporation, based in Connecticut, United States of America.  Today the Globe and Mail published a story that it had obtained documents showing that the Sikorsky S-92 “failed a critical test of whether the aircraft can keep flying if the oil in its main gearbox leaks out….  Certification documents show that the S-92 couldn’t meet a specification that calls for the main gearbox to run for half an hour without oil – a requirement known as “dry run”.”  I wrote about the 30 minute dry run requirement in “Families Review Legal Options”.  The story quoted an experienced test pilot who said that until three weeks ago, he would have assumed the S-92 would fly without oil pressure for 30 minutes – which probably is exactly what the pilot of Cougar Flight 491 assumed as he was making for safety at Cape Spear.  “Now I know different.”

The laws of Newfoundland and Labrador are not generous in wrongful death cases, in fact they are downright backward.  I have to deal with this in the Breast Cancer Testing Class Action.  How about some attention to law reform here, Danny Williams, Q.C.?

A very important question is whether the victims of a product defect which causes death and injury in Newfoundland and Labrador, Canada, can sue a product manufacturer which is based in the United States of America.  I know from experience in other cases that the money damages in a US court can be ten times the damages available here.

So last week I contacted a leading US aviation liability lawyer in the United States for advice.  Bottom line:  there is no black and white answer, but the chances of bringing suit in the US are greatly improved if the Cougar/Sikorsky family members are guided from the start by sound Canadian and US legal advice on how to achieve the fullest measure of justice. 

The decision to accept Workers Compensation or not is a complicated decision to be based on many individual factors.  The decision must be made within 6 months in death cases, 3 months in a case of injury, so there is time to sort through the options.  Families should obtain a package of information from the Commission, and obtain the best advice they can, from the Commission, union representatives, and other trusted advisors.

One of these advisors should be a personal injury lawyer with experience in product defect cases and the ability to access top legal expertise in the complicated world of aviation disaster law.

There are strong reasons for all the families and their legal advisors to stick together in these early months and develop a common strategy.  The potential benefits of acting together are great.  Loved ones lost in the tragedy would expect it.

If this sounds expensive, lawyers who do this kind of work usually work on a “no cure no pay” or contingent fee basis, meaning the fee will be a percentage of the settlement or court award.  Anyone looking for a lawyer should interview more than one lawyer, taking care to discuss qualifications, case strategy, and fees.  You don’t just want a good lawyer, you want the best lawyer for your case!