Case law here in Australia has one example of a pilot whose burning wreck
torched a pine plantation being stuck with the cost. ($$$Millions!!) In
another, a coroner held that the pilot had not followed optimum procedures
following an engine failure and was thus responsible for injuries
to a passenger and liable to pay the cost of compensation. In New Zealand
there is, I understand, an even more serious set of charges against one
or
more pilots following a serious accident.
Professionals in every field are, at the end of the day, individually
accountable for their failings. The law provides the benchmark of the
'reasonable person'. As in: 'The pilot (doctor, lawyer) did all that a
reasonable person would have expected of them, to avert the accident.'
(That includes prior preparation, eg, serious commitment to CRM training.)
Fail the 'took-reasonable-steps' test, and the individual is exposed,
liable for damages. Ask your doctor why his/her indemnity insurance
costs so much.
Pilots will have to address the issue of personal liability before long
(even though a lot of employers say, 'Don't worry, we'll look after
you.').
The trend towards imposing liability awards will not reverse. It
certainly
won't go away. Check your lawyer. All prohibitions affecting you are not
necessarily in the regulations.
Doug Edwards