Quote:
Originally Posted by Boxman
My understanding is that when you make a case for tort, you sue everyone that could possibly be liable. So that would include the current operators, the safety authority, the designers, anyone. There is a separate duty of care for the operators and for the designers. The designer has a duty to design something that won't be inherently dangerous, and the operator has a duty to operate it in a way that is not dangerous.
My opinion is that the operator has operated the facility safely (a quarter century of safe operation) but the designer breached their duty of care. It is a miracle there has not already been an accident from someone going down the wrong track at the wrong time. From the get go it was always going to be only a matter of time until supervisory controls failed.
People have responsibility for their own actions. But engineers also have a duty of care to not design inherently unsafe bobsled track configurations.
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Why? Do you know all the safety features involved? Or the training given to the users? When used as designed it hasn't been an issue in 30 years. You consider that a miracle, I consider that maybe they have good procedures that work.