Two rescued after Orchard Lake seaplane partially sinks
A nearby boater brought a pilot and passenger to shore without injuries after their seaplane tipped and took on water Monday, Nov. 2.
The Oakland County Sheriff’s Office said the single-engine plane was attempting to take off around 1 p.m. when the pilot aborted the maneuver. While stationary in the water, the aircraft began tipping toward the passenger side and became partially submerged.
The pilot, a 26-year-old Auburn Hills man, and his passenger, a 75-year-old Ann Arbor man, got out of the plane before the boater helped them reach shore.
Sheriff Michael Bouchard credited the boater’s assistance, saying “what could’ve been a tragic event ended without the loss of life.”
The sheriff’s search and rescue team coordinated recovery of the aircraft. The sheriff’s office said investigators from the Federal Aviation Administration and National Transportation Safety Board were responding to investigate. The cause of the aborted takeoff and partial submersion remains under investigation.
When can an aircraft owner be liable for injuries in Michigan?
Michigan’s aircraft liability law, MCL 259.180a, ties owner liability to injuries caused by negligent operation and requires the owner’s express or implied consent or knowledge of the operation. Negligent operation includes violating a statute or failing to use ordinary care.
Federal law adds a limit. Under 49 U.S.C. 44112, an owner’s liability for injuries caused by a civil aircraft or its flight requires the owner to have actual possession or operational control of the aircraft. Operational control means exercising authority over starting, conducting or ending a flight. Owning the plane or allowing someone to fly it doesn’t, by itself, settle liability.
Michigan Legal Center’s overview of personal injury cases in Michigan explains how harm to a person differs from property damage alone and describes losses such as medical bills and lost income that an injury claim may involve.
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