Unsafe at Any Altitude
Richard Francis Schaden
Unsafe at Any Altitude
Richard Francis Schaden
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Upon opening, you might find this book appears to be my autobiography. But I see myself as the messenger or vehicle that carries the story, starting with experiential learning, a concept that had become a way of life juxtaposed next to academia and formal training. This is a story about crossing the disciplines of engineering and law to create safer transportation, ultimately, more specifically in the sky. Product liability law helps force engineering design to truly serve the needs of man. Formally, I was educated as an aeronautical engineer, airplane pilot, and next a lawyer. It would seem to an outsider that these are pretty complicated disciplines to mix. Yet from flight level 410, that is, 41,000 feet, metaphorically, standing away from the nitty-gritty details, it all integrates quite well. All of law can be summarized as having three basic elements plus one important umbrella: (1) a person’s duty to do no harm to another and act as a reasonably under the circumstance, of which failure to comply is referred to as committing a tort; (2) a person’s duty to follow the rules of law, of which failure to comply is referred to as a crime; and (3) people’s promises to do something such as transfer property, provide a service, or complete some other transaction. All three of three are under the umbrella of fairness. That is, don’t ask for remedies to which you are not entitled, or you could say, don’t go to court with dirty hands. Now let’s look at engineering. I believe that it is fair to define good engineering as the task of designing and constructing items to safely and effectively serve the needs of humankind. This concept fits nicely juxtaposed to the above basic concepts of law. Airbags, collapsible steering wheels, padded dashboards, seat belts, and shoulder harnesses were not the result of engineering by the auto companies but were the result of product liability lawsuits. It could be said that these items were engineered in the courthouse. Law has saved a lot of lives. The courtroom has proven to be a great form for evaluating design and an effective way to force change for the safety. Exculpatory: In this story, some names are real and some are made up for reasons that may be obvious. Some facts are real, and others are just different as seen through the lens of different people or as remembered differently. Notwithstanding, the science and technology is accurate.
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