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May I use the NTSB’s probable cause determination, or Accident Brief, for a case that I am litigating regarding an accident that the NTSB investigated?

April 26, 2017Accident brief Case cause determination investigated litigating ntsb probable

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May I use the NTSB’s probable cause determination, or Accident Brief, for a case that I am litigating regarding an accident that the NTSB investigated?

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Congress has specifically forbidden all persons from using the NTSB’s probable cause determination in civil litigation. See 49 U.S.C. § 1154(b), which states: No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report. See also 49 C.F.R. § 835.2. The NTSB stringently observes this restriction.