Comair Stuff

[FDJ2]

Negligence is a legal term designed by lawyers.

Black's Law Dictionary defines negligence as "the failure to use such care as a reasonably prudent and careful person would use under similar circumstances...."

 

[erj-145mech]

And according to the NTSB, the crew initially pre-flighted the wrong aircraft on sunday morning, including firing up the APU, before realizing it, and were rushed into getting the right aircraft ready for the morning flight.

 

[geojet707]

And according to the NTSB, the crew initially pre-flighted the wrong aircraft on sunday morning, including firing up the APU, before realizing it, and were rushed into getting the right aircraft ready for the morning flight.

A common occurrence especially with several aircraft at the same gate. At my last airline, when the crew arrives at the gate, the gate agent usually advises what aircraft is to be taken. The flight release is usually not there and is finally brought to the crew as they are completing the preflight. I am somewhat sure this is the manner of things at OH as well. Regardless, this event has nothing to do with the other as it still takes 10-15 minutes to board 48 passengers, check in their carry-ons and process the final paperwork. Enough time to re-group and move on even if things are starting to run late.

Understandable point erj-145mech but at the end of the day I it may be an irrelevant one.

Folks, let the powers to be sort this out and lets all do our best to keep the passengers, families and survivor of 5191 in our prayers.

 

[Auto-Rotator]

I could not agree with RJ Bum any more than what has been said. I sense all of you writing here understand what will eventually be played out in the courtroom on this issue; once the NTSB has finalized their reports. Ultimately there will be a judgement because of the findings and the insurers involved will ante up their millions.
However, while we are talking about "Negligence" in its varied legal fashions, keep in mind a couple of elements, there is "strict" liability/negligence and "contributory" negligence. Both of these undoubtedly will come into focus. It is my best guess that while it's so painful to see, the insurers for Comair and Delta will pay a large portion of the award; but, as I stated yesterday on another post, contributory liability will certainly become mitigating factors and those will partially exhonerate some of the crews' actions on this fatal day.
Comair, it's officers and employees are doing everything they can to put the families and friends of 5191 ahead of everything they are engaged in doing around the clock and I commend everyone who has played a part in making such a painful, agonizing several days, the very best humanly possible.

We react to situations like this in understanding that we ALL are capable of making human mistakes and judgements. Of course, it was NOT their intent to proceed down the wrong runway and kill everyone on board! But, as was eloquently stated earlier, this is what case lawsuits are made of and in the good ole' USA, somebody's gonna pay up for the loss of these folks who were innocently onboard a aircraft that was owned, operated and maintained by Comair, which is owned by Delta Air Lines.

As a pilot and former military person, my heart aches for the crew and their loved ones as well as those onboard. But, the tort system in the U.S. will define ultimately in a courtroom who will be responsible (negligent) for these deaths. It's the American way and the NTSB will make certain all of the facts and illuminate all of the contributory factors involved so that all parties will have to be defended.

 

[OldManPilot]

You bunch of brazen little pea brained idiots.... how dare you take on the responsibilty of even GUESSING what happened... I wish to god I knew your names.... I swear I would never allow ANY of you on my A/C.

If you can't say anything nice.... Say nothing at all!!!!!!!!!

Karma gentlemen... Karma... trust me.. you will get yours!

 

[eaglefly]

You bunch of brazen little pea brained idiots.... how dare you take on the responsibilty of even GUESSING what happened... I wish to god I knew your names.... I swear I would never allow ANY of you on my A/C.

If you can't say anything nice.... Say nothing at all!!!!!!!!!

Karma gentlemen... Karma... trust me.. you will get yours!

Another idiot crawls out.....................

 

[erj-145mech]

You bunch of brazen little pea brained idiots.... how dare you take on the responsibilty of even GUESSING what happened... I wish to god I knew your names.... I swear I would never allow ANY of you on my A/C.

If you can't say anything nice.... Say nothing at all!!!!!!!!!

Karma gentlemen... Karma... trust me.. you will get yours!

Its not guessing, its common knowledge now that the NTSB has released the data.

 

[Cody_V]

Just wanted to express my sorrow for the crew, the passengers, the families and friends of those involved in this unfortunate event. No matter what the results and conclusions of the investigation are I am sorry for the great loss our industry has taken and my thoughts and prayers are with those involved.

 

[DrewBlows]

And according to the NTSB, the crew initially pre-flighted the wrong aircraft on sunday morning, including firing up the APU, before realizing it, and were rushed into getting the right aircraft ready for the morning flight.

Sorry erj, I'm going to pick on you for a minute to illustrate a point that a lot of people seem to confuse.

There is a difference between fact and speculation (or opinion). A prudent writer would distinguish the difference in their writing. Print media is generally much better at distinguishing the difference than television media. Erj has given us a good example of mixing fact with speculation.

And according to the NTSB, the crew initially pre-flighted the wrong aircraft on sunday morning, including firing up the APU, before realizing it,...

This is fact. The NTSB did, in fact, say that the crew preflighted the wrong airplane.

...and were rushed into getting the right aircraft ready for the morning flight.

This is speculation (or opinion, it's not clear). It states what is impossible to know, but doesn't offer it as opinion or speculation, leaving the appearance that it is fact. If you think that the crew may have been rushed, say so, but don't make a factual statement. The fact is that the only ones who know if the crew was rushed is the crew. I'm sure that the CSA agents and/or ramp agents could offer their opinion as to whether the crew was rushed, but barring a statement from the crew such as "we are rushed because we preflighted the wrong airplane", any statement from a CSA or ramp agent would be opinion also.

If you want to speculate or opine on the accident feel free (I wouldn't choose to do that, but that's my opinion), but when you do make it clear that is what you are doing.

 

[ReportCanoa]

Black's Law Dictionary defines negligence as "the failure to use such care as a reasonably prudent and careful person would use under similar circumstances...."

Yep, and define reasonably prudent. It goes on and on. Call it what you wish, but negligence is a word used only in the courtroom. I wrote it was 'designed' by lawyers and what I meant was 'used' by lawyers. A 'reasonably prudent' person still makes errors.