So are you saying that Pilot/Maintenance/Human Error is a metaphor for NEGLIGENCE?
The legal folk probably would go down the black and white negligence path. However, Industry folk are more interested in the shades of grey. Current thinking is tending along the path of
(a) we have come a long way in tidying up the systemic problems
(b) the individual and his/her individual errors are becoming a significant part of the whole and we now need to skew our attention back, somewhat, toward the individual. Doesn't matter what discipline the individual is involved with .. pilots, maintainers, techo folk etc.