Basic law on negligence: Duty to care

The concept of "duty of care" in negligence law was famously articulated by Lord Atkin in the landmark case of Donoghue v Stevenson [1932] AC 562. Lord Atkin's "neighbour principle" states:

"The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question."

In the context of aviation, this principle translates to a significant duty of care for pilots, ground crew, and airlines towards the flying public. Here's how it applies:

• Pilots: Have a duty to operate aircraft safely, follow procedures, maintain situational awareness, and make sound decisions to protect passengers and crew.
• Ground Crew: Responsible for proper maintenance, safety checks, and ground operations to ensure the aircraft is safe for flight.
• Airlines: Must implement robust safety management systems, provide adequate training, maintain their fleet, and prioritize safety over commercial pressures.

This duty extends beyond immediate passengers to include potential victims on the ground, as established in cases like Pugh v London Brighton and South Coast Railway Co [1896] 2 QB 248, where railways (and by extension, airlines) were held liable for injuries to non-passengers caused by their operations.

The aviation industry's interpretation of this duty has led to the development of comprehensive safety regulations, training programs, and a culture of continuous improvement in safety practices. The goal is to make air travel "as safe as humanly possible," recognizing that those involved in aviation can reasonably foresee the potential for harm and must take appropriate measures to prevent it.

https://youtu.be/tu5jWSQ3XuQ?si=MOpcz5JejtcFvMph

Dr. Reason's Swiss Cheese Model

The Swiss Cheese Model, developed by Professor James Reason, is a widely recognized framework in aviation safety and other complex systems. It illustrates how accidents can occur despite multiple layers of defense against failure.

Key Concepts of the Swiss Cheese Model:

• Multiple Layers of Defense: The model represents safety systems as a series of slices, each acting as a defensive layer against potential errors or failures.
• Holes in the Cheese: Each slice has holes, representing weaknesses in individual parts of the system. These holes can be due to active failures (unsafe acts) or latent conditions (hidden problems within the system or organization).
• Alignment of Holes: An accident occurs when the holes in multiple layers momentarily align, allowing a hazard to pass through all of the gaps in the defenses, leading to a failure.

Application in Aviation:

In aviation, the Swiss Cheese Model helps explain how accidents can happen despite numerous safety measures. For example:

• Technological Defenses: Aircraft systems, maintenance procedures
• Human Factors: Pilot training, crew resource management