Originally Posted by
henra
I doubt they will really be able to prove Airbus' fault for this. I'm not aware of any FAA/EASA requirement to protect levers against free floating lines/tethers in the cabin and Pax crawling around the pilot. Nice try though.
The float manufacturer might be in hotter water, however. That thing didn't work as advertised.
Henra, I don't know where you're from, but I'm inclined to assume that you haven't had much exposure to the US product liability environment. There does not have to a direct, unambiguous, regulatory requirement not complied with to establish liability.
Just the fact that the NTSB has made a specific recommendation regarding this exact issue, the recommendation was not followed, and this issue has become a pivotal factor in an accident in which 5 people died gives attorneys more than enough ammunition. Trust me, successful liability lawsuits have been made on far more tenuous means to establish "Duty of care" for a manufacturer. I would bet long odds that Eurocopter/Airbus/whatever they're calling themselves this week *will* be shelling out cash to plaintiffs. You can plan on it. I'm not claiming this is right (or wrong) just that this is the way it is.