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> Every NTSB report has a "probable cause" section determining who or what was at fault. And then the FAA hands out fines and courts award additional damages la
by lawguy 8y ago
> Every NTSB report has a "probable cause" section determining who or what was at fault. And then the FAA hands out fines and courts award additional damages largely based on that finding.
In case everyone is not aware, NTSB reports cannot be used in court to establish fault or otherwise be used as evidence when seeking compensation for damages.
"No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report." 49 USC 1154(b)
- EGreg 8y agoI have a question.. In criminal cases what happens with inadmissible evidence? Like fruit of poisonous tree doctrine... what if you literally have video proof and tons of other graphic proof of a murder, you really just ignore it and let the perp go back into society?
- Rylinks 8y agoif you have tons of proof about a murder, it's almost certain to fall under one of the exceptions to the doctrine. e.g, if law enforcement would have discovered the evidence anyway, it is not excluded.
- ghaff 8y agoIn principle, it’s inadmissible. So, theoretically, yes. The perp just goes free. Not very common for a lot of reasons.
- admax88q 8y agoThere are exceptions to the doctrine for exactly the reasons you mention. The legal system isn't as insane as people like to make it out to be.