Re:Philip Greenspun's Economy Recovery Plan
by tptacek on Friday January 02, 2009 @08:04PM
(#417969)
So, three points:
First, liability is clearly a structural disadvantage of the aviation industry. But that doesn't make it a crisis for business in general.
Second, the story you've cited seems not to be a clear cut case of tort abuse. The plaintiffs built a case around an FAA finding that implicated the carb, they were armed with a record of unanswered complaints about the same carb part, and the carb company staged an ineffective defense, blaming ice, oil changes, and pilot errors in ways that were apparently easily refuted.
Third, even if this was a clear-cut case of tort abuse, it doesn't really answer my argument. I concede that tort abuse is an issue. I just think it's ludicrous to respond to it by eliminating the concept of punitive damages. Companies really do factor predictable liabilities into their business plans. Look how every health care organization handles HIPAA.
First, liability is clearly a structural disadvantage of the aviation industry. But that doesn't make it a crisis for business in general.
Second, the story you've cited seems not to be a clear cut case of tort abuse. The plaintiffs built a case around an FAA finding that implicated the carb, they were armed with a record of unanswered complaints about the same carb part, and the carb company staged an ineffective defense, blaming ice, oil changes, and pilot errors in ways that were apparently easily refuted.
Third, even if this was a clear-cut case of tort abuse, it doesn't really answer my argument. I concede that tort abuse is an issue. I just think it's ludicrous to respond to it by eliminating the concept of punitive damages. Companies really do factor predictable liabilities into their business plans. Look how every health care organization handles HIPAA.