Normally I would not respond but the liability topic is relevant and very important .. not to mention very poorly considered and understood by the average professional going about his business ...
We are talking Airbus procedure not lawyers.
At the enquiry, we ARE talking lawyers. Every time you make a decision, give advice, etc., as a competent professional .. your call can be brought to account in court.
If every time you fly you are worried about lawyers, stay home.
Not only every time I might fly .. but every time I put my engineering or management hat on as well. This is the reality of the modern world, liability, and responsibility. Not so much a case of being worried as being aware and prudent.
The chance of a dual pack failure is rare, and Airbus sees it that way.
Of course a dual failure is not an everyday event - I think we all accept that .... but your view is that the Commander ought not consider the circumstances of the particular flight and merely follow the QRH or equivalent in the nature of an automaton ?
My answer is: I followed manufacturer procedure and recomendations.
.. and that will provide you with some protection. However, I think that you need to read some court/BOI/etc. transcripts .. might cause you to raise your eyebrows a little, I suspect. Your view is idealistic but, in practice, not the way the real world works after the event ..