Special rules protect careless health care providers in California. The rules, collectively known as MICRA, were designed to make it harder for medical malpractice victims to sue the doctors who injure them. For example,
The pilot’s original destination was Bozeman, Montana. But the pilot amended his flight plan and diverted to Butte. The pilot did not tell air traffic control why he was diverting. About 25 minutes later, as the aircraft approached for landing at Butte, it went out of control and crashed.
The NTSB is now investigating two things: (1) why the pilot diverted to Butte, especially when he was so close to Bozeman, and (2) why the pilot lost control and crashed so near the runway at Butte.
Some possible explanations for diverting include:Continue Reading Pilatus Crash at Butte Montana and Occam’s Razor
The General Rule
Mechanics are required by regulation to follow the instructions set forth in the manufacturer’s maintenance manuals when working on an aircraft. The mechanic is not allowed to deviate from the instructions covering the work he undertakes. If he does deviate, and someone is injured as a result, the mechanic is liable.
Service Bulletins
Sometimes, a manufacturer learns of a problem with the way its product is performing in the field.Continue Reading A Mechanic’s Liability for Failure to Comply with a Manufacturer’s Maintenance Instructions
Cory Lidle’s wife and Tyler Stanger’s family are suing Cirrus Design, alleging that a problem with the plane’s flight controls caused Lidle and Stanger’s plane to crash into a Manhattan hi-rise.
Miles O’Brien, a former CNN correspondent, calls the lawsuit frivolous, because the NTSB concluded the cause was pilot error. According to O’Brien, "in our litigious society, the facts don’t matter for much."
O’Brien is missing the fact that the NTSB’s conclusion is marred by a built-in conflict of interest.Continue Reading Is Lidle Suit against Cirrus Frivolous?
The Cirrus is a “new generation” aircraft loaded with safety features. For example, if a pilot flying after dark gets too close to a ridge line, the Cirrus’ on-board Terrain Awareness Warning System generates a voice urging him to “Pull Up! Pull Up!” The plane’s wings secrete fluid that helps prevent them from icing up in poor weather. The cockpit has airbags, and its seats protect the passengers in a crash by absorbing 26 times the force of gravity. The Cirrus is the only aircraft of its kind that comes with a rocket propelled parachute that can shoot out of the back of the plane in an emergency. Partly as a result of all its safety features, the Cirrus has become the most popular general aviation aircraft, with sales surpassing long-time industry leaders Cessna, Beechcraft, and Piper.
Critics, however, say that the aircraft has a lousy safety record, with a fatal accident rate significantly higher than the “old style” Cessnas and Beechcrafts. They say that the Cirrus, made mostly of fiberglass rather than the traditional aluminum, is not crashworthy. Not only does theContinue Reading Recent Crashes Stoke Debate on Cirrus Safety
The General Aviation Revitalization Act, known as “GARA,” immunizes general aviation manufacturers from lawsuits for defectively designed or manufactured aircraft that are more than 18 years old. Regardless of how serious the defect, if the aircraft is more than 18 years old, an injured victim cannot sue its manufacturer.
There are exceptions. An injured
Today the NTSB issued an "urgent" safety recommendation, asking the FAA to immediately ground all Zodiac CH-601XL aircraft. The reason: their wings tend to fall off. So far, six have broken up in flight, causing 10 fatalities. The NTSB suspects that the design of the aircraft induces "flutter"– an aerodynamic phenomenon that can destroy an aircraft