Tom Smedinghoff, a partner in the privacy and data protection group in Edwards Wildman
’s Chicago office, discussed the impact of a cyber attack in the aviation sector in Risk & Insurance magazine. In the article, "The New Air War
," Smedinghoff stated that if a cyber vulnerability does ever lead to a fatal crash, courts may hold airlines to a higher standard of liability than they would face in a traditional data breach. According to Smedinghoff, victims who suffer financially generally have to prove negligence by the parties they believe responsible, and in cases of injury or death, liability is harder to escape. "The standard that would be applied is going to be much tougher, and much more likely to result in a finding of liability," Smedinghoff added.