RTFQ ...
GM,
By writing those words (in #2929) you confirm that you have failed to grasp the issue. In so doing you unhelpfully add to the angst of the families whilst muddying the waters sufficiently to encourage others to make the same specious argument. You wrote:
“…but by far the most likely cause is that the car was going too fast in inappropriate conditions and simply went off”.
You torpedo your case, and reveal your lack of understanding of the burden of proof required to sustain a finding of negligence (to any degree), with the words “the most likely cause”.
The burden of proof in this case is absolute – “only in cases in which there is absolutely no doubt whatsoever are deceased aircrew to be found negligent”.
‘Most likely’ and ‘absolutely no doubt whatsoever’, are different. The former is a comparative likelihood; the latter is certainty. In the absence of certainty, a finding of negligence, to any degree, is not an available option. Simple, really.
Brian – nice one. Respect.
EWP