Instead, it looked to the standard seven-factor analysis used by the California Supreme Court to determine whether or not a duty is owed. One can foresee that people on the ground near a crash site will be scared. However, one cannot foresee the severity of the reaction to the crash. Certainty of Injury. One can always worry oneself sick, almost as a matter of will.
Psychological symptoms are much more susceptible to being faked than more palpable effects.
Plane crashes, much more so than car crashes, tend to be fatal. There is far more reckless driving than reckless flying. Preventing Future Harm. Extending liability to bystanders will not increase deterrence. The certainty of severe injury or death that accompanies a plane crash provides sufficient deterrence.