Liability Concerns Shouldn’t Stop SMS

Post Category: Newsletter

SMS is essentially a quality management approach to controlling risk. Corporate lawyers tend to obsess about potential liabilities associated with aircraft, so they should love SMS.

Except that they don’t. Lawyers also fear records. They hate having information that can be subpoenaed, especially if there is no clear regulatory requirement to retain the records. Corporate counsel for Part 121 and Part 135 air carriers learn to live with these records because a carrier can utilize voluntary disclosure programs to avoid or minimize enforcement action following self-discovered mistakes.

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