What the NTSB's Probable-Cause Finding Means for a Possible Claim
A final report's probable cause is the NTSB's conclusion. A report may also name contributing factors, the NTSB's term for elements it found played a secondary part in the accident. Both are conclusions about safety. Neither is a legal ruling.
The regulation says this directly. Under 49 C.F.R. § 831.4, NTSB investigations "are fact-finding proceedings with no adverse parties" and "are not conducted for the purpose of determining the rights, liabilities, or blame of any person or entity, as they are not adjudicatory proceedings."
Congress also limited how the reports are used in court. Under 49 U.S.C. § 1154(b), "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."
The same statute also limits cockpit recordings. Under 49 U.S.C. § 1154(a), a party generally may not use discovery, the pretrial process of obtaining evidence, to get a cockpit recorder recording. A party also generally may not obtain transcript portions or still images the NTSB has not made public. The exceptions are narrow. A court may allow it after a private review, called an in camera review, if the public material is not enough for a fair trial. When it does, the court must issue a protective order limiting how the material is used.
None of this makes the report meaningless. A report can help an injured person, a family and an attorney understand the sequence of events and which records exist. Whether anyone is legally responsible is a separate question, decided under state tort law and product-liability law, which differ from state to state. Federal aviation rules and state injury law work as separate layers, as the aviation accident lawyer page describes.
If you are trying to understand how a probable-cause finding fits alongside a possible civil claim, you may want to consider a conversation with our attorney. It can cover the record you found, its stage and the details of the flight.