Discussions in this thread are crossing several areas - legal, structural engineering past practice, possible better standards for future engineering and allocation of accountability to name just four.
Lets look at the legal issues first.
These discussions have arisen because Sander has some concerns about possible design weaknesses in the WTC Towers which may have contributed to the scale of the disaster. I accept that Sander has grounds for concern but the challenge is to getting those concerns in focus and determining what remedial action, if any, the US community should take.
So starting with the legal issues Mark F has pointed to a key factor:
I don't think any of us are forgetting Mark but the reminder is appropriate. Certainly Sander has focussed on the accountability of designers. Let's just explore some legal realities.
Legal remedies fall into two classes:
1) criminal law where the guilty party has contravened a requirement of the community expressed as a statute law. Murder is one crime and that is why I took strong objection to Sander using it as a (false) analogy to the WTC design situation. Murder requires INTENT and it is ridiculous to suggest that those who designed the WTC Towers intended to kill occupants either by the building trapping them in a fire or by collapsing. So forget crime and criminal remedies.
2) civil law where one party is alleged to have "injured" another party. Where "injured" has a broad meaning - actual bodily injury, loss of property or loss of money. even loss of opportunity. Successful civil actions usually result in the award of "damages" - a monetary sum to compensate for the "injury" caused" - whether or not the original injury was bodily injury.
So that is the "Legal Basics 101" setting.
Now "Torts 102" is the area relevant to where Mark's quoted statement intersects with Sanders concerns.
IF << note the "big "IF" - IF there was any action against the original designers it is conceivable that it would be for negligence. Sander has several times referred to "product defect liability" and it is a broadly analogous situation. (And it happens to be one where the evolution of US law has led the "common law" world over recent decades.)
At most, in a cilil action, the negligence alleged by the designers would only have the status of "contributory negligence". I wont pursue the details further because1) it gets too complicated; AND 2) I've forgotten most of it![]()
BUT remember the very big "IF" at the start of this section.
Given the scale of the maliciously caused disaster I do not see any Western style government allowing such an action. Even if existing statute law, case law and precedents permitted it I would anticipate immediate blocking action by Government. The reasons go to the foundation premises of risk and insurance policy and law. They are too far off track for here.
So bottom line - whatever value Sander sees in 'accountability' with or without sanctions - there is no chance of criminal reparations and the possibilities for civil action are very limited - probably non existent.
The remedied for what may have been weak in WTC design lie in the evolution of design. Not individual or corporate sanctions applies retrospectively. I'll leave that for a technical post.
Let's do more IF's...
Suppose a class action suit was filed by the victims' families for wrongful death. (I am not a lawyer). The suit would name all the parties they plaintiffs believed had contributed to the death of the loved ones. These plaintiffs might include. AA, AA security, PANYNJ and the designers/engineers/contractors/DOB and so forth.
The defendants would file motions to have them removed from the case for X, Y, Z reasons. The judge would decide and if the were not dismissed... the case would proceed to discovery and trial unless the defendants offered to settle.
No?