Justis Editorial on 30 August 2011 recommend this

The Privy Council handed down judgment in the case of George v Eagle Air Services Ltd [2009] UKPC 21 on 12th May 2009. The appellant appealed against a decision of the Court of Appeal of Saint Lucia dismissing her claim for damages in relation to the death of her common law husband in an air crash. The aircraft was flown by an employee of the defendants. The defence claimed that the defendants had never authorised the pilot to undertake activities which were outside the scope of the pilot’s duties, and denied the claim of negligence.

The lower court had rejected the appellant’s claim and the appellant appealed arguing “res ipsa loquitur.” Allowing the appeal, it was held that the maxim of “res ipsa loquitur” was potentially of great importance in aircraft crashes. The Council agreed with the American case of Higginbotham v Mobil Oil Corpn (1977) 545 F 2d 422. Aircraft did not usually crash and the defendants had not attempted to explain the crash or give any reason for failing to do so. As such, they had failed to displace the inference of negligence which resulted from the crash itself.