The Blog that follows Global Economics, Finance and the Laws and Regulations that govern global markets. By Zach Bell
Tuesday, March 1, 2011
India's population growth
Liability of Airlines for recklessness
Qantas Ltd as an example has had a string of commercial accidents since it was floated on to the market in 1997. In the scenario that an airline suffers fatalities (deaths), which are attributed to by its maintenance, could the airline itself and its Directors be criminally liable under the Commonwealth Criminal Code.
In the scenario that an airline suffers a casualty the company and the Board of Directors could be criminally liable for cutting maintenance, so long as it was sufficiently connected to the fatalities. In this case the Court is empowered to make a finding of recklessness and order a fine on the company and prosecute the Directors individually. Under the Commonwealth Criminal Code at 5.4 (1)(a) a finding of recklessness will be made in the situation where a Director is aware of a substantial risk of death or injury and that the circumstances exist and that it was unjustifiable to take the risk, and the company takes the risk anyway.