The standard for negligence is conduct which an "ordinary reasonable man"
would or would not do under similar circumstances. There are some nuances
which might apply to the violation of a legislative or administrative
standard which might apply, but that was historically the standard. The
problem is that conduct is not judged on the reasonable man standard, but
whether anyone could possibly think of a better way, which is almost always
the case given the benefit of years of hindsight. If we adopted the
original intent, with respect to everything from our founding documents to
common law negligence, we might be able to end the tyranny of endless
legislating and lawyering.

Lawyers in the United States have in my opinion made flying less safe than
it could be through this intimidation of the industry. Pilots who could be
treated and medicated and allowed down time with no penalty are in many
cases keeping quiet rather than risk potential career ending actions.

--
Dudley Henriques