At the 2012 MARPA Annual Conference, Attorney Tom Dunlap offered some advice to the conference attendees about tactics for avoiding liability when faced with a law suit.
He explained that law suits are inevitable when you are business, but liability is not inevitable in a law suit.
Mr. Dunlap gave a brief overview of the legal concepts involved in a lawsuit after an accident or incident, and also explained that although 75% of accidents are ultimately traced to pilot error, manufacturers are seen as having “deep pockets” and so will almost always be a target for plaintiffs in a law suit.
Mr. Dunlap also dispelled certain misconceptions, such as the myth that an FAA Certificate precludes liability. He also offered operational and legal suggestions to help businesses mitigate potential liability.
MARPA’s President is a lawyer (that is, *I* am a lawyer), and MARPA firmly believes that effective prevention is worth the investment. This is one of the reasons why hazard identification and risk mitigation in a Safety Management System can be an effective safety tool. Dunlaps’s comments provided a great guide for MARPA members seeking some advice on where to start in mitigating liabilities.
MARPA is currently in discussion with Dunlap to secure more useful advice for the members!
If you missed the 2012 MARPA Annual Conference, then you can still track MARPA’s developments and the industry and regulatory changes that affect the PMA industry by joining MARPA.