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Of course a language is not a panacea. But the appropriate choice does avoid many errors. How many C installations do overflow checking, for example. How many check a pointer range? These things can all produce fatal (in the larger sense) errors without warning, and the sequences leading to them are easily missed even by experienced programmers. I want all the help I can get.
In the particular case under discussion I can envision the plaintiff showing that previous practice would have detected the error, and that sloppy programming, penny-pinching, and elimination of the checks let it go through. All that remains is to make it clear to the jury, and the punitive awards should at least match the potential savings. The plaintiff can even show that modern implementations such as Ada are available. The results will obviously vary with jurisprudence.
C has its place in critical software, but it is at the periphery, not at the heart.