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Thread: Litigation.
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Old 25th June 2001 | 00:51
  #9 (permalink)  
Slasher
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Unhappy

Lawyers can and will hang you if something or someone gets broken. One guy here who aborted right at V1 (bird-ingestion) in wet wx and did everything totaly correct, got screwed by the court because he didnt reduce V1 in wet conditions. He hit a threshold marker at 10 knots (no damage to a/c) which caused a bump that caused a pax to hit her head because her seat belt was loosely (not FIRMLY) tightened. He was finaly screwed for "not reducing V1 by 5 knots as recommended by the Operation Manual for wet runway take-offs." The argument (successful in court unfortunately) was that he wouldve been committed to T.O. at that lower V1. At time of severe engine damage he wouldve continued and become airborne, thus avoiding a reject and in so doing avoided contact with the threshold marker.

The defence argued the pilot followed standard RTO procedure meticulousley in a very high stress situation which required an imediate action. The pilot was also mindful of the consequences of entering severe weather in mountainous terrain with only one of the two engines delivering power.

The defence further argued that the use of the word "recommended" does not mean "thou shalt". Unfortunately the judge didnt see it that way. "Its written in your Companys OM in BLACK and WHITE!" was the curt reply.

The fact the silly b!tch of a passenger had her seat belt LOOSELY fastened was thrown out as our Co OM did not specify "FIRMLY FASTENED FOR T.O." just "FASTENED FOR T.O." It does now!

PS He stopped 5ft into the grass past the upwind threshold because of rubber deposits around the 300M touchdown point.