The final report into the Essendon Airport incident in 2017 has been released by the Australian Transport Safety Bureau, which has determined the cause of the accident.
It was reported that the pilot did not detect an error with the position of the rudder trim at take-off, meaning that there was a loss of directional control.
The aircraft was also inhibited in its ability to climb.
“In these circumstances the widows have two causes of action open to them, a strict liability claim under the Civil Aviation Carrier’s Liability Act, where damages are capped, and a negligence action against the pilot’s estate,” Paul Henderson, Gordon Legal Partner representing the widows of the four passengers killed in the accident, said.
“We will be advising our clients to proceed with both actions.
“Considering the cause of the accident, we hope that the Insurers of the carrier and pilot will take a conciliatory approach and seek to resolve these claims as soon as possible to avoid any further trauma to all families involved in this tragedy.”
For more than 12 months our heartache has been accompanied by painful questions. Today we finally get some answers to those questions, but the heartache will last forever. We are all still coming to terms with the loss of our loved ones and the impact it has had on the lives of so many other people – sons, daughters, parents and friends. While today’s report is welcome, nothing will bring back the people we all loved so dearly. Thank you to those who helped answer some of these questions and thank you to all the first responders, emergency services personnel involved and the Victorian people for their support during this period.
- Statement from the widows of the passengers