Third Party Liability in Helicopter Operations

Understanding Third-Party Liability Risks for Helicopter Landing Site Owners and Pilots

Third-party liability is a major concern for helicopter landing site owners and pilots. Misunderstanding these risks can lead to serious legal and financial consequences. This guide outlines third-party liability in helicopter operations and explains how landing site owners and pilots can best protect themselves. Tools like Helipaddy help ensure that landings are approved and that risks are communicated effectively.

What is Third-Party Liability?

In aviation, third-party liability refers to the legal responsibility for damages or injuries that may be caused to individuals or property on the ground during helicopter operations. This can include anything from minor disturbances, such as noise complaints, to major incidents involving property damage or injury to bystanders.

For helicopter operations, these risks are unique because helicopters often land in unprepared or unconventional locations, such as private fields, hotel grounds, or other non-designated helipads. Unlike traditional airports, these locations are often closer to populated areas or other vulnerable spots, which increases the risk profile.

Third-party liability can also involve a concept known as subrogation. Subrogation occurs when an insurance company, after paying out a claim, seeks to recover those costs from another party’s insurer. In the context of helicopter operations, if a pilot’s insurer covers damages, they might then pursue a claim against the landing site owner’s insurer if they believe the site owner was partly responsible.

This makes it even more critical for both pilots and landing site owners to have comprehensive insurance coverage and clear agreements on liability responsibilities.

Risks for Landing Site Owners

For landing site owners, the primary concern is the potential for damage or injury caused by helicopter operations. Even if the landing occurs without incident, the inherent risks associated with aircraft movement can affect nearby buildings, people, or animals. Site owners could be held liable for damages, especially if negligence can be proven, such as a lack of proper site preparation or failing to communicate critical hazards to the pilot.

Additionally, many property insurers are unfamiliar with aviation-related risks, which means that a standard property insurance policy might not cover incidents involving helicopter landings. Site owners must ensure that their insurance policy explicitly covers aviation-related liabilities or discuss specific clauses with their insurance broker.

For more detailed information on compliance, including legal aspects like duty of care and risk assessments, read our Helicopter Landing Site Compliance article.

Risks for Pilots

Pilots, as the operators of the helicopter, also carry significant liability. Any mishap during takeoff, landing, or while maneuvering near the site can lead to third-party claims. This might include anything from superficial property damage (e.g., displaced tiles or disturbed landscaping) to severe injuries. Pilots need to ensure they have comprehensive third-party liability insurance that covers not only the aircraft but also potential incidents while interacting with unconventional landing sites.

Using Helipaddy for Effective Liability Management

Helicopter operations involve many moving parts, and effective tools are needed to coordinate landings seamlessly and reduce the potential for misunderstandings or liability risks.

Helipaddy provides tools to simplify landing coordination and reduce liability risks for both pilots and site owners:

• For Pilots: The Helipaddy app allows pilots to submit landing requests, receive up-to-date information, and log their landings effortlessly. This ensures they always have the latest instructions and reduces potential liability by promoting clear communication.
• For Landing Site Owners: The Helipaddy Owner Dashboard enables site owners to manage landing requests efficiently. It ensures that all landings are logged, provides real-time access for approvals, and helps in maintaining a record of each landing, reducing liability risks and ensuring compliance.

Mitigating Third-Party Liability Risks

For Landing Site Owners:

1. Insurance Coverage: Maintain adequate insurance for landings, as subrogation could mean your insurer is liable if a pilot’s insurer seeks reimbursement after an incident. To understand more about the complexities of relying on indemnities and securing appropriate liability coverage, refer to our Practical Guide: Requesting Helicopter Landing Indemnity.
2. Uninsured Pilots: Ensure pilots have valid insurance. Expired medical certificates or other issues may invalidate their policy, potentially shifting liability to the site owner. Use Helipaddy’s landing request tool to consistently communicate safety issues to every landing pilot.
3. Site Preparation and Safety: Use the Helipaddy 360 Survey tool for comprehensive landing site assessments to identify hazards and communicate them to pilots.
4. Pilot Notification: Require visiting pilots to use the Helipaddy app for landing requests to ensure they receive the latest landing instructions and safety information.

For Pilots:

1. Adequate Insurance: Carry insurance that specifically covers third-party liability for the type of landing you’re attempting, particularly at private or non-standard sites.
2. Pre-Landing Coordination: Use the Helipaddy Landing Request form in the app to log the landing.  The site owner will automatically see the log of all landings in their Owner Dashboard.
3. **Risk Assessment: **Evaluate site-specific risks such as obstacles, proximity to bystanders, livestock, and environmental conditions (e.g., wind, slope) that could complicate the landing.

Why Communication is Key

Open communication between pilots and landing site owners is the simplest way to reduce third-party liability risks. Site owners should ensure pilots are fully informed about the site’s layout and any hazards, while pilots should be transparent about their experience, qualifications, and any concerns they may have about the landing. When both parties understand the risks and take proactive steps to mitigate them, the likelihood of an incident—and subsequent third-party liability—is significantly reduced.  The Helipaddy app for pilots helps keep both sides accurately informed.

Ownership and Permissions

Ownership can be a complex issue, particularly if the land is leased or if the person granting landing permission is not the actual landowner. For example, hotel reception staff may give landing permission without having the authority. It is crucial to clarify ownership and ensure the proper authorization for helicopter landings.

For UK landing sites that involve international flights, it’s also important to consider the requirements for a Certificate of Agreement from Border Force.

If the land is leased, involve both the leaseholder and landowner to avoid disputes or liability issues. Clear communication and agreement among all relevant parties reduce risk.

For properties like hotels, where multiple staff members may handle landing approvals, using Helipaddy ensures consistency and accuracy. All landing approvals are documented and accessible through the Owner Dashboard, allowing for proper records and streamlined permission handling.

If you’re considering setting up a helicopter landing site, you might also be interested in determining What Landing Fee Should I Charge?.

Conclusion

Helicopter operations carry inherent risks, but site owners and pilots can take steps to manage third-party liability. Adequate insurance, proper site preparation, and clear communication are key.  

For site owners, it’s about preparation and ensuring suitable insurance coverage. For pilots, it’s about clear communication, appropriate insurance, and safe landing practices. When both work together, safety improves for everyone.

Helipaddy provides intuitive tools for both site owners (through the web-based Owner Dashboard) and pilots (through the app) to manage landings, enhance communication, and ultimately reduce liability risks.