Ken Dawber wrote:
Yes, if you write or publish something then it is possible that you will
get sued for it.
Also, if you walk across the street you might be killed!
So, should we be telling everybody not to walk across the street?
No, but we tell them not to walk across the street when it's dangerous.
For something as important as publishing accident reports, it is
absolutely crazy to stop this due to the fear of litigation!
Still waiting for an indication of why accident reports are important.
Glider pilots have the same half-dozen accidents over and over and over
again. Everyone already knows what those accidents are but they happen
again anyway. Clearly publication and awareness-raising is of limited
utility.
Shifting the onus of the published report from the GFA to the individual
pilot won't stop all litigation, but should reduce it
You're starting from some false assumptions.
Currently the GFA has no onus to publish a report, so it can't be shifted
from them. The onus presently falls on the ATSB, which is immune to
liability lawsuits for accident investigation reports by legislation.
What your proposal would do is to create a new form of liability for the
"individual pilot".
How many accidents do you think will be reported when that happens? Ye gods.
100 years of aviation (and aviation accidents) have taught us that
accident investigation and eventual publication should be done by
impartial, well-trained, independent bodies. We have one of those
in Australia, but they choose not to investigate gliding. I'm not
convinced that we're any poorer for that decision; it's not like we've
found some new way of killing ourselves which requires investigation
to be understood, we actually do the same dumb shit all the time and
pay the same consequences over and over again.
. It means that
one major party involved in the incident will no longer be able to sue
since they wrote the report. That person is also more likely to know
who might be sensitive to anything stated and can take appropriate
precautions.
Oh please.
You're talking about shifting publication from a lawsuit-immune organization
and onto the shoulders of someone who, by whatever theory the lawsuit
chooses to assert, could be seen to be responsible (and hence liable) for
the accident.
That doesn't sound like a big win to me.
- mark
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I tried an internal modem, [EMAIL PROTECTED]
but it hurt when I walked. Mark Newton
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