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#17
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People stand on the side of public roads to watch auto rallye cars whip by
at high speed. Sometimes, spectators are killed when drivers lose control, caroming off the road and into a crowd. They run the bulls through towns in Spain and Portugal at the beginning of the bullfighting season each year. People choose to run with them and are sometimes maimed or killed. People congregate to watch airshows, and despite reasonable efforts to clear low altitude traffic and ground observers, people get killed. These examples all involve illegal acts (speeding, stampeding, aerobating) that are condoned within the context of an EVENT. These events are for the entertainment of those people who choose to participate. Those parked on the road were expressly there to witness low passes. They congregated to get a closer look at something unusual, even dangerous. A wise person might choose not to do this. How many of the gliders would have crashed without the spectators in the way? It appears that the actions of the pilots were not inherently unsafe (to the pilots) - though certainly not wise. This is a sad, sad incident, and rare among gliding competitions. But not at all unusual in the context of observers wanting a close look at something unusual and exciting. Is there fault on the part of the pilot(s)? Of course. Their poor judgment was amply reflected by their inability to alter their practices even with emergency vehicles and a broken glider on the scene. But to insist that Mr. Lawson was ignorant of the risk and just going about quotidian activities is near sighted. Even worse is to suggest that the pilot was guilty of criminal negligence. This was an environment of contrived, obvious risk. All who participated were aware of the danger, and therefore incumbent on each individual to manage his or her own risk. The remedy is simple. The pilot can alter his practices. Or, the spectators can stand well clear. If the specatators stand clear, it is an acceptable practice. If there are people in the way, the pilot must alter his approach. The condundrum is that the two are joined. ------------------------------------------------------------------------------------------------- Heard in traffic court: Defendant: Yes, I turned left in front of the oncoming car, but he was speeding. That's why he hit me. Judge: Why did you pull out in front of a speeding car? Defendant: (silence) |
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