North American Network Operators Group

Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical

RE: product liability (was 'we should all be uncomfortable withthe extent to which luck..')

  • From: Gary E. Miller
  • Date: Wed Jul 25 19:01:52 2001

Yo Chance!

On Wed, 25 Jul 2001, Chance Whaley wrote:

> I don't remember IBM or EDS being sued on the times when ATC has failed.
> Jeppeson hasn't been sued for issuing incorrect maps either. Software
> programmers arent sued when monitoring machines in hospitals fail. Oh
> that's right, because there are neat things called "Limits of
> Liability", "Gross Negligence", and "Malicious Intent".

Do some research.  Just because you have not heard about it does not
mean it did not happen.  Jeppeson lost a BIG one after the AA crash in Cali.
Jeppesson still has suits pending about Ron Brown's (US Commerce
Secretary) going down in Kosovo.  Technicare (a former client of mine)
lost a BIG one after the runaway software on a CAT scanner fried a patient
to death.  Never heard of anyone dieing due to an ATC outage so that
issue is still open.

In any case, the comment I was replying to was about software not
being able to hurt anybody. The US legal system found in two of the
cases above that it can and has.

Gary E. Miller Rellim 20340 Empire Ave, Suite E-3, Bend, OR 97701  Tel:+1(541)382-8588 Fax: +1(541)382-8676