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The owner of an airstrip owes a common law duty of care to
those that use it. Whether the airstrip is licensed or unlicensed does not
alter this basic position, although the obligations on the owner of a licensed
airstrip will usually be greater as they arise under statute, not merely the
common law.
Nor does it matter, generally-speaking, if the airstrip is
marked “Private”, or even with an X, indicating that it is closed. If it
can be used as an airstrip and is clearly intended to be used as an airstrip,
the owner has a potential legal liability towards those who use it as such.
It is possible to reduce, limit or even exclude liability by
means of a specific agreement: a so-called indemnity undertaking. However,
this will not assist in the event of a claim being brought on the grounds of
alleged gross negligence, nor will it prevent attempts to “break” the indemnity
which, at the very least, will involve the owner of the airstrip in massive
legal costs as well as the attendant waste of time and energy, stress, etc.
The simplest means of protecting the owner of an airstrip
against claims is by arranging airstrip liability insurance. This
insurance will not only provide protection in the event of a claim succeeding
but, more important, it will provide the financial means of defending the owner
against claims bright against him, by the use of the best defence attorneys in
the business which can cost enormous amounts of money.
Rather than digging up your airstrip and planting flowers
instead, the sensible approach is to carry proper insurance and then rest easy,
knowing that, should anything go wrong, you will have the security of A-rated
Insurers behind you all the way.
To secure your own quotation, simply click on the "Quote Request" link below, complete the form with
basic information about your airstrip and hit “Submit”. Your quotation
will arrive within 24 hours and coverage can be arranged immediately upon
payment of the appropriate premium.
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