voyageur, agreed; it would be unfair to ‘label’ people, but that was not the intention. The point was to highlight that the apparent change - seeking more compensation etc, could have greater effect on the industry than we appreciate.
With increasing safety the industry moves way from blame, more towards understanding and thence learning. If there is no corresponding adjustment of legal view then the widening gap may create greater opportunity for compensation. With different viewpoints, the public might be less appreciative of the concept of error and blame as is aviation; thus legal findings could tend towards public perception. Also, whilst operations are conducted in complex multitasking situations where there are many demands on thinking and understanding, the legal process with hindsight, might only consider each of the demands sequentially, without the context of a demanding situation.
The legal process might not fully understand the tasks the crews face during an event, or designers and operators inability to foresee every alternative human reaction in surprising situations; thus culpability might only be concluded with hindsight.