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The Water Cooler
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83 survivors to sue Boeing and Asiana
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<blockquote data-quote="Dave70968" data-source="post: 2245108" data-attributes="member: 13624"><p>Nothing in libertarian philosophy or "market forces" is offended by holding players responsible for the consequences of their actions. Being 30+ knots below approach speed on short final is negligence, and doing it after being called out on it is gross negligence. A suit against the operator (which is liable for the actions of its employee) is entirely justified here.</p><p></p><p>As to suing Boeing, my first defense would be 14 CFR 121.535:</p><p></p><p></p><p>When I was teaching flying, we covered regs. The FAR/AIM is about a two inches thick. In all of that book, the only thing I required my students to memorize (and be able to repeat verbatim) was 14 CFR 91.3 (general aviation flies under part 91, major carriers under part 121):</p><p></p><p>I made them memorize that so that they'd understand just how deep their responsibility ran, and that the FAA takes that responsibility so seriously as to give them explicit permission to toss the rulebook out the window in order to meet that charge.</p><p></p><p>In this case, the pilot screwed the pooch. Boeing didn't make him fly too slowly. Even if the autothrottle had failed, he still had the option of reaching his hand over and pushing the go-stick forward. PIC is responsible, period.</p><p></p><p>Airspeed is life.</p></blockquote><p></p>
[QUOTE="Dave70968, post: 2245108, member: 13624"] Nothing in libertarian philosophy or "market forces" is offended by holding players responsible for the consequences of their actions. Being 30+ knots below approach speed on short final is negligence, and doing it after being called out on it is gross negligence. A suit against the operator (which is liable for the actions of its employee) is entirely justified here. As to suing Boeing, my first defense would be 14 CFR 121.535: When I was teaching flying, we covered regs. The FAR/AIM is about a two inches thick. In all of that book, the only thing I required my students to memorize (and be able to repeat verbatim) was 14 CFR 91.3 (general aviation flies under part 91, major carriers under part 121): I made them memorize that so that they'd understand just how deep their responsibility ran, and that the FAA takes that responsibility so seriously as to give them explicit permission to toss the rulebook out the window in order to meet that charge. In this case, the pilot screwed the pooch. Boeing didn't make him fly too slowly. Even if the autothrottle had failed, he still had the option of reaching his hand over and pushing the go-stick forward. PIC is responsible, period. Airspeed is life. [/QUOTE]
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