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cucumber3732842yesterday at 4:23 PM1 replyview on HN

So the court checks if they were "just following orders"?

Sounds to me like following orders is in fact this magical thing that causes courts to direct liability away from the defendant.


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johngundermanyesterday at 8:06 PM

I think the point is supposed to be that "following the practices and procedures that limit their liability" = "doing their due diligence to reduce risk in accordance with their credentialing body".

We generally don't hold people liable for acts of God or random chance failures. For example, malpractice suits generally need to prove that a doctor was intentionally negligent on their responsibility.

Everything in real life has quantifiable risk, and part of why we have governing bodies for many things is because we can improve our processes to reduce the risk.

It's not just following orders :) it's recognizing that the solution to risks isn't to punish the actor but to improve the system.

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