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.
Moral Blame . 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.