If an incident happens, between a civilian and the army, which court would take care of this case? see details

Question

I was told yesterday that an incident occurred in Galway, Ireland, at an air show. The door of an helicopter fell off, injuring a civilian, but the helicopter belonged to the Army (Not sure if the details are correct.) However, this is just an example.

Anyway, the question is, if the civilian is the victim, and the Army (as an organisation) is sued by this civilian, is this a case for the civilian courts or the military court martial?

I always thought that courts martial was strictly for internal issues within the army, military for military. If civilians are involved, then it's not a matter for the courts martial, unless it's to do with besmirching the name of the army, or dishonourable behaviour?

If I am wrong, Please enlighten me. Thanks.

Answer 1

The court systems terminology of which and what court does what is pretty much the answer. If a member of the public (civilian) is injured by, or due to, a negligent act whether its military, a corporation, or another individual.....and the negligence was either an accident or caused by members of that organization or company, then the issue would be carried in a civil court situation. Civil court is for two parties to settle a dispute involving individual issues, usually something that result in money being awarded. If the individual is injured due to defected products, or mechanical problems, then they would have action toward the company which would be argued in civil court. Military courts are for military infractions and ususally do not involve the general public or individuals outside of the military. Criminal court is for those issues above and beyond the military or civil courts where the actions of individuals, companies, and yes even the military......have broken some sort of law.
The example given would be a civil matter in that there was not any laws broken, and even though the equipment is owned and maintained by the military, the court system would treat it as a negligent maintenace issue with the company (in this case the military). It is almost as if you were at a car show, and the person demonstrating the vehicle drove over you, wether by pure accident or due to malfunctioning equipment, the first level of recourse is with the individual, then the company that made the car.....but the car show would not be responsible. An air show is slightly different in that the organizers are aware of the possibility of fatal crashes, that could potentially involve the visitors to the air show. This being the case and the world as it is, there is usually some sort of legal speak on the ticket or as part of your admission to the show, that removes responsibility from the organizers, and possibly even the presenters from liability, so they may not even be able to carry out any action against them at all.

Answer 2

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Answer 3

It would be a case for the civilian court, though i am sure there are many laws written to protect the services from just that sort of incident!

Answer 4

A court martial is strictly for criminal or military law infraction. You can not pursue civil claims through court martial.

The claim in that case must be pursued in civilian court.

Answer 5

Well I'm sure the UK military will gladly pay the hospital bills and assist in any way they can. If the individual sues like so many people feel the need to do these days, I just hope they don't pay out anything to them. If you put yourself in harms way...yes, attending an airshow where anything could happen...then you shouldn't be rewarded for being harmed.

Answer 6

civilian court....re; the military personel maybe a military court martial if negligence was invloved in securing teh door.