I was surprised to read in the letter by Steven Scott (Flight International, 16-22 July) the quotation by a well known UK lawyer: "Making a mistake is not of itself negligence."
In a letter in Flight International, 4-10 February 1998, Peter Martin, Editor, Shawcross & Beaumont Air Law, stated: "The word 'negligence' is one which the law uses to describe acts of omission and commission by those persons who have a duty of care to others.
"Such persons are aircraft commanders, who have a duty of care to passengers and crew, amongst others. 'Honest' mistakes, as you describe them, are mistakes nevertheless and, therefore, acts of negligence - however inadvertent or unintended."
The legal interpretation of the word "negligence" is a continual problem for the aviation expert witness and I write this in the hope that a definitive solution to this problem might be forthcoming.
Capt Paul Wilson
Theale, UK
Source: Flight International
