1991Transportation law journalRequires access

THE IMPACT OF DISASTER LITIGATION ON AIRLINE AND AIRCRAFT TECHNOLOGY. SYMPOSIUM: AIRLINES AND THE FUTURE OF AVIATION, WASHINGTON, D.C., MAY 28-29, 1992

Charles F. Krause

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Abstract

This article discusses the impact of disaster litigation on airline and aircraft technology. Several examples are presented where private lawsuits following an airline crash or incident have resulted in improved aircraft safety. It is concluded that, while advanced technologies will present significant challenges to the government in terms of certification and flight safety, the legal system will continue to demand that the burden of any injuries or deaths resulting from the failures in this new technology will be borne by those who are providing such technology. It is also concluded that our legal system can cope with this and, in fact, probably will incorporate a greater reliance on expertise to educate the jury, as well as the greater use of computer enhanced video depictions of aircraft crashes, as well as greater video displays of testimony and other information relating to such things as air traffic control, crashworthiness, and weather phenomena.

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What this paper is about

This article discusses the impact of disaster litigation on airline and aircraft technology. Several examples are presented where private lawsuits following an airline crash or incident have resulted in improved aircraft safety. It is concluded that, while advanced technologies will present significant challenges to the government in terms of certification and flight safety, the legal system will continue to demand that the burden of any injuries or deaths resulting from the failures in this new technology will be borne by those who are providing such technology. It is also concluded that our legal system can cope with this and, in fact, probably will incorporate a greater reliance on expertise to educate the jury, as well as the greater use of computer enhanced video depictions of aircraft crashes, as well as greater video displays of testimony and other information relating to such things as air traffic control, crashworthiness, and weather phenomena.

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Available abstract

This article discusses the impact of disaster litigation on airline and aircraft technology. Several examples are presented where private lawsuits following an airline crash or incident have resulted in improved aircraft safety. It is concluded that, while advanced technologies will present significant challenges to the government in terms of certification and flight safety, the legal system will continue to demand that the burden of any injuries or deaths resulting from the failures in this new technology will be borne by those who are providing such technology. It is also concluded that our legal system can cope with this and, in fact, probably will incorporate a greater reliance on expertise to educate the jury, as well as the greater use of computer enhanced video depictions of aircraft crashes, as well as greater video displays of testimony and other information relating to such things as air traffic control, crashworthiness, and weather phenomena.

Key concepts: Aviation, Certification, Crash, Crashworthiness, Aeronautics, Jury, Aviation safety, Government (linguistics)

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THE IMPACT OF DISASTER LITIGATION ON AIRLINE AND AIRCRAFT TECHNOLOGY. SYMPOSIUM: AIRLINES AND THE FUTURE OF AVIATION, WASHINGTON, D.C., MAY 28-29, 1992 — Research Paper | ScholarLens