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Sure. It seems to me that if a company has followed established "good practices" for design and engineering in its field, and the appropriate checks and approvals have been granted, this should go a long way to mitigate its liability for unforeseen problems that may later appear, despite the good intentions and best efforts of all concerned.

This may well be applicable to the earliest B737 rudder incidents, for example.

Acting to rectify the (previously unsuspected) fault should not increase the company's liability for a problem it was unable to anticipate.

But once a problem has been discovered/reported, if the company does not act to rectify it in a timely way, its liability for any further problems that occur should rise rapidly. And once several serious in-flight emergencies related to the B737 rudder had occurred, it seems (judging by the story as presented here) like Boeing was probably guilty of this and should be severely penalized.




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