iscover
People affected by the Sea World helicopter crash in January last year have only weeks to lodge compensation claims, an aviation lawyer has warned.
Peter Carter, director of Carter Capner Law, said he has been helping people suffering ongoing injuries from the crash including PTSD, and urged anyone affected – including bystanders and first responders – to submit claims by Christmas or risk missing the 2 January deadline.
This content is available exclusively to Australian Aviation members.
A monthly membership is only $5.99 or save with our annual plans.
- Australian Aviation quarterly print & digital magazines
- Access to In Focus reports every month on our website
- Unlimited access to all Australian Aviation digital content
- Access to the Australian Aviation app
- Australian Aviation quarterly print & digital magazines
- Access to In Focus reports every month on our website
- Access to our Behind the Lens photo galleries and other exclusive content
- Daily news updates via our email bulletin
- Unlimited access to all Australian Aviation digital content
- Access to the Australian Aviation app
- Australian Aviation quarterly print & digital magazines
- Access to In Focus reports every month on our website
- Access to our Behind the Lens photo galleries and other exclusive content
- Daily news updates via our email bulletin
The incident saw two Sea World Eurocopter EC130s collide mid-air on Main Beach – minutes away from Surfers Paradise – on 2 January 2023.
The pilot and three passengers onboard the helicopter taking off died, while three others were seriously injured. The second helicopter, approaching to land, miraculously landed with all six on board surviving.
“The Civil Aviation (Carriers Liability) Act in Queensland requires claims to be lodged in court before the second anniversary of the calamity,” Carter said.
“It is now settled law that the two-year time limit that applies to passenger claims also applies to those of non-passengers and families.”
According to Carter, people who suffer psychological injuries may not be aware of the complexities in an “emerging area” of compensation law.
“Insurers try to avoid payouts to non-passengers, but there is no doubt in my opinion, that the indemnity they extend must cover claims of this type,” he said.
“I have seen first-hand over many years how witnessing or assisting with tragedies can have life-lasting effects, and this can cripple people and families financially.”
The pilot of the helicopter that survived the crash, Michael James, told investigators he did not see the other aircraft taking off. A preliminary report compiled by the ATSB also details how he “did not recall” hearing a radio call from the second helicopter outlining that he was due to take off.
ATSB chief commissioner Angus Mitchell, previously said James’ “remarkable” manoeuvre meant a “far worse situation” was averted.
Four of the surviving passengers onboard – New Zealand couple Edward and Marle Swart and friends Riaan and Elmarie Steenberg – also released a statement hailing him as a hero.
“To our pilot, who, through all the chaos, landed the helicopter safely, keeping us and other bystanders safe,” they said. “You are our hero. Thank you so very much.”
James passed away from cancer in June this year.
