Families File Lawsuit Against EAA for 2023 Midair

The lawsuit alleges the accident was the result of the organization not following published FAA procedures for the airspace.

Thursday, August 01, 2024 at 06:57 PM ET

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Flight tracks of the helicopter (red) and gyroplane (yellow) involved in a 2023 midair in Oshkosh, Wisconsin. [Courtesy: NTSB]

Key Takeaways:

Families of pilots killed in a 2023 AirVenture midair collision are suing the Experimental Aircraft Association (EAA), alleging the organization failed to follow FAA airspace procedures and adequately enforce its own safety rules.
The lawsuit centers on an accident in the EAA's "Fun Fly Zone" where a gyrocopter pilot performed a prohibited 360-degree turn, leading to a collision with a helicopter and the deaths of its occupants.
While the NTSB cited pilot error (failure to see and avoid, prohibited maneuver) as the probable cause, the lawsuit claims EAA was negligent by allowing the gyrocopter pilot to continue flying despite repeated rule violations and operating without proper FAA authorization.
EAA denies negligence, referencing the NTSB report, but has since adopted stricter "one strike, you're out" safety procedures for its Fun Fly Zone in response to the incident.

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The families of pilots killed in a midair collision of a helicopter and gyrocopter at AirVenture in 2023 have filed a lawsuit against the Experimental Aircraft Association (EAA) alleging the accident was the result of the organization not following published FAA procedures for the airspace.

The accident happened on July 29, 2023, when both aircraft were operating in the EAA’s “Fun Fly Zone,” (FFZ), which consists of a grass runway in the ultralight display area of the EAA AirVenture show grounds at Wittman Field (KOSH) in Oshkosh, Wisconsin. In the area were ultralights, light planes, powered parachutes and trikes, hot-air balloons, homebuilt rotorcraft, and light sport aircraft (LSA).

Meg Godlewski

Meg Godlewski has been an aviation journalist for more than 24 years and a CFI for more than 20 years. If she is not flying or teaching aviation, she is writing about it. Meg is a founding member of the Pilot Proficiency Center at EAA AirVenture and excels at the application of simulation technology to flatten the learning curve. Follow Meg on Twitter @2Lewski.