Old 05-30-2010, 06:05 PM
  #15  
Lighteningspeed
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Joined APC: Sep 2007
Position: G550 Captain
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Originally Posted by thepotato232 View Post
The class-action lawsuit against CAL you mentioned is indeed in place, but the current mechanics of liability severely limit the potential success of that suit. While it's true that Continental has been held at least tangentially liable for 3407, they have successfully managed to deflect most of the blame toward the operator of the flight. The outcry that immediately followed 3407 regarding "name on plane/ticket" vs. actual operator has predictably died down, as public outrage is a perishable resource. It's now the status quo, and while people may still not like it, there is no legislation in place or in the works that would come close to DashDriver's elegant solution. The waters are muddy enough with rest rules, pay scales, etc. that the flying public has lost interest.

As long as the cost/benefit analysis at the highest levels of airline management still works out such that the financial benefits of outsourcing without oversight justify a Colgan crash or two, you won't see any change.
You seem to lack a basic understanding of how judicial system works in this country because Dashdriver's "elegant solution" as you called it cannot happen in the US without judicial precedence. We do not have France's Napoleonic code system where everything is spelled out black and white.

Our Tort and contract liability is one based on stare decisis. Meaning, as I have indicated, it can only come when a legal action such as the one against Continental prevails and sets a precedence for holding the mainline carrier liable for the actions of its contract feeder like Colgan. There have been numerous cases in the past that have held main party liable for the negligent actions of its subcontractor when that subcontractor was held out as representing the main party, such as in this case. I doubt Continental will be able to escape its share of the liability, however they maybe divided by the court.

As for your second point of cost benefit analysis, I have already pointed out that was the reason for mainline carriers to sell out scope to the cheapest bidder, however, this Colgan crash will have numerous legal and regulatory consequences which will force mainline management to reassess their strategy.
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