captain not on flight deck liability
re POOls question about what a lawyer would do if in an accident the captain could not get back to the flight deck
by using augmented crews etc, and crew rest in any position, and cruise FOs, this barrier has already been breached, ie there are lots of occaisions now that a Captain is not on the flight deck.
Where the crew rest is located merely add's a probability angle, but as I say the barrier has been passed long ago...
G