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In article 7,
Robert Moore wrote: Mike Ash wrote The NTSB places the blame for the crash on "The pilots' inadequate planning, judgment, and airmanship". Again, I'm not a lawyer, but I'd bet that this is more than enough to place the legal liability for damages squarely on the pilots. It certainly lines up with my personal sense of right and wrong: you break it, you buy it. Nope!! Legally can't be done..... NTSB Reports in Court. NTSB reports cannot be used as evidence in court. More accurately, facts from the report may be used, but opinions may not. There are two reasons for this policy. First, the integrity of the NTSB’s investigation may be compromised if final reports were used as evidence. Second, the autonomy of the jury must be maintained during civil proceedings. If NTSB reports were used as evidence, some witnesses may be less forthcoming with information during the investigative process and could compromise the quality of the report by giving a more desired answer instead of an accurate answer to questions being asked of them. Additionally, the NTSB and the people involved with the report could be summoned to court to testify, which would prevent them from performing their normal investigative duties. Good to know, thanks. However, I think my ultimate line of thought still works. If the NTSB can conclude this from the facts, the court can too. This crash seems to be fairly clearly the pilot's fault, whoever it happened to be at the time. The one tricky part is where they assign blame to both, but I don't personally see a problem with that either. Civil suits have a much lower standard of proof, after all, and placing responsibility for damages on the ground on both of the qualified pilots occupying the cockpit seems justified to me. -- Mike Ash Radio Free Earth Broadcasting from our climate-controlled studios deep inside the Moon |
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