Man fined for flying drone that hit baby in the face

[Mr. Salty]

Not to get too technical but it is not that easy. A payment with nothing else won't end liability. The person would need to obtain an injury release to do that. It is the child that has the claim and a child cannot sign a release. The best that a "release" would do is to make the parents responsible for any claim the child may have at a later date. This would tend to end the claim but again, legal paperwork would need to be filled out. Otherwise a payment does not prevent anything.

Well, yes, that's generally how settling out of court works and where the "heading off any lawsuit" comes in. The smart thing to do would be to make an offer that would cover the family's current and future costs immediately so they don't have to wait potentially for years for the case to go through court, in exchange for signing a settlement agreement.

 

[bushie]

Thank goodnes not all the world is as litigious as the US.

 

[ac0j]

Thank goodnes not all the world is as litigious as the US.

Serious question here, Are you saying there is no recourse for a victim in Australia?

Lets say you were in a public park throwing your boomerang and playing fetch with your Kangaroo, And the Boomerang fly's out of control and strikes a baby in the face. Now you have a cut baby and upset parents. You just say "OOOOPs sorry mate!" everyone goes on their way and all is good?
Is this the point where the damaged baby is left out in the bush for dingo bait?
There has to be some recourse for innocent victims. Maybe you just dont call it a lawsuit?

 

[Classic flyer]

Serious question here, Are you saying there is no recourse for a victim in Australia?

Lets say you were in a public park throwing your boomerang and playing fetch with your Kangaroo, And the Boomerang fly's out of control and strikes a baby in the face. Now you have a cut baby and upset parents. You just say "OOOOPs sorry mate!" everyone goes on their way and all is good?
Is this the point where the damaged baby is left out in the bush for dingo bait?
There has to be some recourse for innocent victims. Maybe you just cont call it a lawsuit?

Good one bro...I really like the part about the dingo...lol...be safe, fly smart

 

[ac0j]

Good one bro...I really like the part about the dingo...lol...be safe, fly smart

Just trying to bring a little smile. If he had been american I would have said Frisby and pitbull, and leave the kid at the Firehouse

 

[dirkclod]

This is a bad thing and you guys know it so please continue but don't get out of hand in this .
Just saying ...
I kept that kids face as my mini screensaver from England that lost a eye from a prop just to stay aware
for years before I lost it .
This is not joking material .

 

[ac0j]

This is a bad thing and you guys know it so please continue but don't get out of hand in this .
Just saying ...
I kept that kids face as my mini screensaver from England that lost a eye from a prop just to stay aware
for years before I lost it .
This is not joking material .

I actually saved the picture of this baby victim. Cant say why I was compelled to do so.
Trying to put the humor into the anti american statement I replied to, NOT the accident. I agree, nothing funny about it, other than people trying to justify no recourse for the victim family.
It sounds like this IS no big deal in Australia it seems they would expect some other outcome without huge consequences for the pilot, I just wanted more information.

 

[dirkclod]

And I was just saying lets not get carried away .
Now as for the kid that lost the eye I have flown for over 3 years with a 3 year old grandson I am raising
with me now and that picture was the first thing I saw before I flew just to remind me to be careful .
Stuff happens and why I kept that picture .

 

[Classic flyer]

And I was just saying lets not get carried away .
Now as for the kid that lost the eye I have flown for over 3 years with a 3 year old grandson I am raising
with me now and that picture was the first thing I saw before I flew just to remind me to be careful .
Stuff happens and why I kept that picture .

SAFETY is paramount!!

 

[lmel2005]

Don't let your children fly your not toy-grade drones.
Keep your drones safe, while being with your family.

Fortunately kid's life was not in danger.

 

[Bazzam]

The pilot is probably on some forum talking about how he is too good to ever have a problem in a public park. That stuff only happens to Dummies, and how stupid drone bans in parks are.....

Your observation is 100% conjecture and may reflect some deep internal personal angst. Try looking on the bright side of life once in a while.

 

[mikemoose55]

Two Thoughts......what if it were daddy's car the 18 year old was driving and he hit the baby with the same energy to cause the same relative injury, everything would be different I guarantee it. Also take out the baby and insert a puppy and again i guarantee everything would be different.
Dad and son are responsible and the ONLY reason the lawyers are not beating down the mother's door is they see no avenue to get paid!!!!!!!!!
mikemoose55

 

[Classic flyer]

Two Thoughts......what if it were daddy's car the 18 year old was driving and he hit the baby with the same energy to cause the same relative injury, everything would be different I guarantee it. Also take out the baby and insert a puppy and again i guarantee everything would be different.
Dad and son are responsible and the ONLY reason the lawyers are not beating down the mother's door is they see no avenue to get paid!!!!!!!!!
mikemoose55

I think indecents such as this could and probably will drive legislation to REQUIRE drone operators to have liability insurance, much like autos...be safe, fly smart

 

[bushie]

Serious question here, Are you saying there is no recourse for a victim in Australia?

Lets say you were in a public park throwing your boomerang and playing fetch with your Kangaroo, And the Boomerang fly's out of control and strikes a baby in the face. Now you have a cut baby and upset parents. You just say "OOOOPs sorry mate!" everyone goes on their way and all is good?
Is this the point where the damaged baby is left out in the bush for dingo bait?
There has to be some recourse for innocent victims. Maybe you just dont call it a lawsuit?

I am just saying Australians are not as litigious as in the USA. Sure there would be legal consequences for the pilot of the UAV but very unlikely there would be a civil damages claim.

 

[Classic flyer]

I am just saying Australians are not as litigious as in the USA. Sure there would be legal consequences for the pilot of the UAV but very unlikely there would be a civil damages claim.

I have to ask ...why would there not be a civil damages claim...and I do agree that we are a very litigious society here!

 

[bushie]

I have to ask ...why would there not be a civil damages claim...and I do agree that we are a very litigious society here!

Not sure why but running of to the courts is not part of the ethos here, though i suspect that is changing.

 

[Classic flyer]

Not sure why but running of to the courts is not part of the ethos here, though i suspect that is changing.

Thanx...be safe, fly smart

 

[ac0j]

Even if the babies family doesn’t file a case, if they submitted the hospital bills to insurance the insurance company will most likely go after the he pilot to recover their costs. He is 100% at fault and bears 100% of the liability.

 

[Ron Mash]

The pilot is probably on some forum talking about how he is too good to ever have a problem in a public park. That stuff only happens to Dummies, and how stupid drone bans in parks are.....

The city fine is NOTHING compared to what will certainly follow. Lawyers are probably ringing moms phone off the hook wanting to take this personal injury case. It would be a chip shot for even a bad lawyer to get $5000, to $10,000 out of this.

What kind of Drone was it? And was he a licensed piolet?
It

 

[hasideas]

What if the baby got hit by a Frisbee in the park and sufferred the same injury?