What the Black Box Cannot Tell You

Chapter 2 expands our discussion of the legal principles underlying liability and negligence. It reviews several recent cases, including, among others: the first instance where a pilot was criminally prosecuted in the UK in March 2025 for failing to maintain radio communication; the first case in New Zealand where a pilot was prosecuted as an officer under the 2015 Health and Safety at Work Act; a 2025 case in the US where a flight instruction company's owner was charged with multiple conspiracy offenses and the pilot with involuntary manslaughter after an accident causing the death of a student pilot; and the Germanwings accident, where charges of criminal negligence and manslaughter were considered. In light of the Lion Air and Ethiopian Airlines Boeing 737 MAX 8 accidents, the Air France 447 accident, and the increasing focus on corporate liability and accountability for unintentional but negligent or reckless acts causing death, we broaden the discussion by providing a detailed, comparative analysis of recent legislation on corporate homicide across various jurisdictions, highlighting the international trend toward greater accountability for organizations and senior managers. Recent cases where corporations have been charged and found liable for acts resulting in death are also briefly discussed.