And now it starts. First lawsuit over 3407
- Thread starter vheissu
- Start date
Minnesota_Flyer
New Member
Colgan's wallet is still on the line if it's pilot error. Colgan has vicarious liability for whatever their crews do during and in the course of their employment. Colgan hired them to fly a plane; if they flew it negligently, Colgan is responsible.
what do you know? you act like a lawyer or something...
Have you been out to the club recently? I still have had no luck unloading my share....
RICHARD5
Well-Known Member
I'm surprised the lawyers didn't meet them on the wing before the boats arrived.
Goonie
Never say die
Murdoughnut
Well sized member
Many years ago, my dad was driving his rig on a two lane highway out in West Texas when a school bus (turned out to be a church bus) going the opposite direction blew a tire. The bus veered across the yellow, and out of instinct, my old man put his rig in the shoulder instead of t-boning the bus. Cab and trailer ended up on its side.
A few months later, my dad was served (along with his company) - parents of one of the kids on the school bus sued him and the company, claiming that their kid was now deathly afraid of semis, and would go into a panic attack anytime one drove by.
Fortunately the case was thrown out when it came before the judge - but not after my father spent money on an attorney, and spent several months worrying if he'd lose everything he owned. I think what got him through it wer the cards and letters from parents of other children on the bus offering their support. The parents had also tried to sue the church.
Not sure if this is incredibly applicable, but it's an interesting story nonetheless. Although not nearly as interesting as the time my father's rig was destroyed by a tornado - with him it.
A few months later, my dad was served (along with his company) - parents of one of the kids on the school bus sued him and the company, claiming that their kid was now deathly afraid of semis, and would go into a panic attack anytime one drove by.
Fortunately the case was thrown out when it came before the judge - but not after my father spent money on an attorney, and spent several months worrying if he'd lose everything he owned. I think what got him through it wer the cards and letters from parents of other children on the bus offering their support. The parents had also tried to sue the church.
Not sure if this is incredibly applicable, but it's an interesting story nonetheless. Although not nearly as interesting as the time my father's rig was destroyed by a tornado - with him it.
SpiraMirabilis
Possible Subversive
Minnesota_Flyer
New Member
what do you know? you act like a lawyer or something...
Have you been out to the club recently? I still have had no luck unloading my share....
Did my annual checkout 3 weeks ago. I have a plane sched this afternoon, but it's ever so hard to motivate for a "fun" flight when it's so damn cold. Seems like a good FltSim day.
ctab5060X
Well-Known Member
Someone is always responsible. Why do you thing mechanics are required to sign the logbook when they finish working on the airplane... accountability. Someone HAS to be held responsible otherwise, they would get away with doing the least amount of work possible to "fix" the problem. Lawsuits are how safety is advanced in this society. Hate to say it, but welcome to the real world.
Let's see, safer in an SUV... airbags, better seat belts, side impact protection, wider stances built in newer models to help prevent rollovers...
Most all of these are not the result of some corporation thinking, hey, lets put this stuff in to sell cars!, it is the result of "oh crap" someone was killed because our restraints and protections were inadequate and we are being sued!
Never said it did. Still hurts in ways you probably could never imagine.
When those that believe that a lawsuit should not be filed in a case like this lose a immediate family member (husband, wife, parent you depend on) to a tragic aviation accident, please get back to us and explain how you are going to do the right thing and not sue while the bank forecloses on your house and repossesses your car. I am quite sure you will be smiling the entire time saying "But I am doing the mature and civil thing". Whatever.
Someone is always responsible. Someone will always be be accountable. Money is what makes the world and corporations "tick". Without the fear of losing money, there would be no accountability from them. "Who cares if the retainer bolts on type IIA widgets are breaking. No one can sue us. We're not going to have to pay out millions. WHO CARES!"
Cessna414JJB
Unknown Member
I think there is a certain lack of accountability resting with Corporate America. I like the Colgan people a lot. They are a common fixture in our neck of the woods and are a good group of people. The company seems rather sound compared to so many others.
However, like with everything in live, someone did something, or maybe didn't, and that's why people are dead. The lawsuits filed may look like a blind stab into the crowd to find something (equivalent of throwing poop at a wall, hoping something would stick) is not particularly aimed at the pilots. We are taking offense because we feel our integrity is tainted by such lawsuits, but it really isn't. If I sue Delta, I am not suing Brenda the F/A or Sharkey, the Rampagent, I am suing a blind, deaf, arrogant, ignorant CORPORATION who cares nothing for me.
When I think about it, it strikes me as a rather unpersonal thing. I am also sure the pilots will be washed clean of all accusations, I have my own theory about how this may have gone down, but what matters is, I'm sad for the dead people and the Colgan "People". I could not care less about the Airline, or what it represents, it's the people who matter. Corporations don't have a face anymore. I don't endorse frivolous lawsuits, and I am sure many of the claims are ridicolous and just aimed at making as much as possible. But our legal system allows for it - and people have to go through it so they feel like they had their day in court. If something funny comes out, someone will tell Colgan (and subsequently it's people) that certain things need to change. If COlgan did something wrong, do you believe it's people would want that to continue? Really? I'd think again.
However, like with everything in live, someone did something, or maybe didn't, and that's why people are dead. The lawsuits filed may look like a blind stab into the crowd to find something (equivalent of throwing poop at a wall, hoping something would stick) is not particularly aimed at the pilots. We are taking offense because we feel our integrity is tainted by such lawsuits, but it really isn't. If I sue Delta, I am not suing Brenda the F/A or Sharkey, the Rampagent, I am suing a blind, deaf, arrogant, ignorant CORPORATION who cares nothing for me.
When I think about it, it strikes me as a rather unpersonal thing. I am also sure the pilots will be washed clean of all accusations, I have my own theory about how this may have gone down, but what matters is, I'm sad for the dead people and the Colgan "People". I could not care less about the Airline, or what it represents, it's the people who matter. Corporations don't have a face anymore. I don't endorse frivolous lawsuits, and I am sure many of the claims are ridicolous and just aimed at making as much as possible. But our legal system allows for it - and people have to go through it so they feel like they had their day in court. If something funny comes out, someone will tell Colgan (and subsequently it's people) that certain things need to change. If COlgan did something wrong, do you believe it's people would want that to continue? Really? I'd think again.
Heath
Well-Known Member
Wrong. Bombardier will definitely be pushing for a finding of pilot error or poor training, as that absolves them of responsibilty. But Colgan and Continental will be on the hook for any pilot error findings as they are employees, and the company is responsible for the actions of its employees. So Colgan and Continental will be hoping for some finding that would also fault the aircraft design, where they can push Bombardier to assume some of the losses. Although, they might jump on board with pilot error if it can be proven that the error is against company policy and training, where they pay for the actions of one individual acting out of line, but don't have to make expensive aircraft mods or changes to the entire training program. All depends on the findings of fact in the end.
As far as suing the families, the company's insurance policies will cover the employees for their actions while on duty.
SpiraMirabilis
Possible Subversive
With the exception of negligence a company is more on the hook for a mechanical problem than for pilot error, assuming the pilot was trained in accordance with their FAA syllabus and passed all their checkrides, line checks, etc.
RightSeatGirl
KA'PLAH BITCHES!
I'm not arguing the sate of things as they are guys..c'mon..don't be so tunnel visioned that you can't see the forest through the trees..I'm speaking philosophically here. This has been the way of things for decades and I'm well aware of that..I was merely posting my dismay regarding this state we are in..And honestly, your words perfectly perpetuate Material America! I salute your patriotism to a apathetic and broken mentality...After all...we have to blame someone right? We can't for one second rise above such petty and pointless mundane ways of thinking and begin to better ourselves as a society now can we..that would be just down right unamerican...
Nothing personal, so forgive my sarcasm, this stuff just really pisses me off..
Nothing personal, so forgive my sarcasm, this stuff just really pisses me off..
Cessna414JJB
Unknown Member
Is you post addressing society or anyone in specific? I can't tell.