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Old 30th Nov 2007, 17:15
  #19 (permalink)  
Taildragger67
 
Join Date: Aug 2001
Location: Stuck in the middle...
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Connetts,

I put it to you that you may be asking slightly the wrong question (or that a related one also needs to be asked) - that is, are there countries which put criminal liability on pilots for endangering passengers, rather than aircraft?

I am not sure of this, not having read a report on the incident, but I seem to recall that the PIC of an aircraft which diverted into Kansai within the last few years, following a cargo hold smoke alarm, was very eager to stay airside. My recollection (from press reports) is that as the a/c landed, tower confirmed smoke (which may simply have been from the tyres contacting the runway), so the pilot initiated an evac, during the course of which a couple of passengers were slightly injured. The drum seemed to be that if he went landside, ie. lnaded' in Japan, he'd get knicked for setting in train the events by which some passengers were injured.

Turns out it was a false fire alarm and all was ok.

Maybe another PPRuNer can provide more details.

My point is, I suspect that, aside from well-trodden paths regarding liability for property damage (to the hull and non-human contents), the main source of criminal liability is for personal injury.

Good luck and my legal brain would love to hear of the outcome of your research.
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