Hawaiian Heli-Tour Industry “Under the Radar” AAJ Winter Convention 2010 The Danko Law Firm Kristine Keala Meredith
The Business 1 million passengers per year n 1 out of 10 visitors to Hawai’i n $200, 000 annually n Jobs n
“Fly like a tropical bird above two of the most famous sites on Maui — Hana and Haleakala Crater — and everywhere in-between. ”
“fly into the heart and heat of an active volcano” “fly close enough to feel waterfall’s cooling mist” the
Under the Radar n Minimal or No Government Oversight n No Insurance Requirements n Minimal Experience Required n Fleet’s Average Age
Recognized Hazards n n n Proximity to terrain Micro-weather Mix of Heli and Fixed Wing No Radar Coverage Operation outside of design limits Lack of survival equipment
Safety Record n n n Vs. Other States 1991 -1994 - 20 Tour Crashes 2007 - a deadly year Kauai: 5 fatals. Over 4 years, 18 fatalities Observed frequency Safety Sell
JACK HARTER http: //web. archive. org/web/20030728065250/http: /helicopters-kauai. com/
Victim Demographics n Families n Honeymooners/Anniversaries n Timeshares
Why? Causes – – – Engine failure Weather Inadequate pre-flight planning Lack of survival equipment Flying too low (CFIT and Engine Failure) Translation: Oversight Cowboy mentality Competition for passengers
Under the Radar n Regulatory Quandaries – Terrain Clearance vs. Weather Avoidance – Terrain clearance vs. Overwater Operations – Terrain clearance vs. Bookings – Geographically specific regulation
Eurocopter AStar 350
6 Pax – Facing Front
Litigation Considerations n Experts – Accident Reconstruction – Piloting – Metallurgy/Material – Weather
Litigation Considerations n Working with the NTSB – Takes charge of wreck – Investigation - Parties – Report – Factual/Probable Cause – Evidentiary Issues
Litigation Considerations n GARA n Discovery in Foreign Countries n Insurance n Mainland Experts n Local Counsel n Pro Hac Vice
Aviation, Space, and Environmental Medicine Article July 2009
Hawaiian Heli-Tour Industry “Under the Radar” AAJ Winter Convention – 2010 Kristine Keala Meredith The Danko Law Firm