Yeah, I know. CO and the mechanic were basically convicted of manslaughter in the French courts and issued large fines. I think it's too bad that it came down to this...there were many "fingers in the pot" that caused this to happen and to pin it down to CO and the mechanic only, seems quite unreasonable.
European courts are notorious for things like this. It's just a political ruling to displace any blame from France who, of course, shared in the development of the Concorde. Italian courts persued the owner and chief engineer of Williams Grand Prix for the death of one of their drivers, Ayrton Senna, at a race in Italy.
Under French law, "force majeure" isn't the same as our "act of God"; the French go to what we would call freakish extremes to assess fault in accidents and the proportionality of fault. I believe there were a couple of French citizens also held at fault in a minor way in this decision.
Under French law's principle of externality, CO absolutely cannot avoid some of the blame; how much of the blame should be CO's is where the debate lies and where the decision would seem to favor French interests.
It's worth noting that lots of senior French officials (and judges) are graduates of L'Ecole de Guerre Economique - the School of Economic Warfare. The French always play to win.
MasseyBrown wrote:I believe there were a couple of French citizens also held at fault in a minor way in this decision.
like the guy who restocks the gallies........or one of the people responsible for replacing pillows and blankets....
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MasseyBrown wrote:Under French law, "force majeure" isn't the same as our "act of God"; the French go to what we would call freakish extremes to assess fault in accidents and the proportionality of fault. I believe there were a couple of French citizens also held at fault in a minor way in this decision.Under French law's principle of externality, CO absolutely cannot avoid some of the blame; how much of the blame should be CO's is where the debate lies and where the decision would seem to favor French interests.
It's worth noting that lots of senior French officials (and judges) are graduates of L'Ecole de Guerre Economique - the School of Economic Warfare. The French always play to win.
Well said.... good explanation.
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