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Old 08-24-2008, 11:38 PM
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USMCFLYR
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Joined APC: Mar 2008
Position: FAA 'Flight Check'
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Originally Posted by vagabond View Post
The concept that a bartender can be held responsible further down the chain of events comes from tort law. A victim filed suit against the drunk driver and in civil procedure, law students learn "to sue everybody." A lot has to do with the legal concept of "proximate cause."

The PIC's job is the control and safety of the aircraft. Is it also his job to draw the line as to which activity or behavior is illegal and which is immoral? The legal one is easier to analyze, but whose morals are we talking about? This issue becomes increasingly murky if the PIC flies the private jet of the Big Wig who is in the back fooling around with his mistress. Is it his job to get out of his seat and investigate who the boss is rolling around with back there? Does he send the other pilot? Ring up the stewardess and ask her to check? What if he finds out that BW is doing both illegal and immoral acts? What if the act is neither illegal or immoral, but the PIC finds it personally offensive?
Again - this part seems pretty easy. If it is against the law (eg doing cocaine) then he has to stop it or report it appropriately; if the married BW is fooling around with the FA then the PIC might not approve but he isn't doing anything against the law - so the privacy issue win out.

Now Vagabond - if you start saying stuff like tort Law - I'm going to start talking in aviation terms again! So....in plain english terms - what are you saying is the difference again between the PIC on the airplane (or the company) and the bartender or host of a party?

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