It wasn't the fault of aircraft design. It was the fault of 400 lbs of unrecorded COMAT in the aftmost section of the baggage compartment, (including an illegal fully inflated F28 mainwheel tire) and an FO (me) who didn't include it in the W&B because he didn't catch it being sneaked onboard. (The old "knew OR SHOULD HAVE KNOWN" clause again!) In the eyes of the FAA inspector who tried to violate be us, we operated an unairworthy aircraft in air carrier passenger service by means of a deceptive (can you spell "pencil-whipped"?) weight and balance form, thus endangering everyone concerned.
As I mentioned in an earlier post, his boss quashed the violation once he became aware we were misinformed about the load, as he knew it would go to appeal and his office would lose.
Doesn't change the fact that there were passengers aboard with the intention of flight, there was "substantial" damage, and one of the baggage smashers scraped his hand when he was pitched out of the bag compartment and into the cart (and the inspector bruised his ego), so there were injuries. By the FAA's arcane rules, that's what it took to upgrade an incident to an accident. During my seven years with the commuter, there were five legally defined accidents, all on the ground, none involving passenger or flight crew injuries, and only one that could be called serious. But they all went on the flight crews' FAA records as aircraft accidents. In one case one rampie backed a pickup into another, slamming him against the aircraft and breaking his back, with passengers and crew aboard, and two promising young pilots who already had interviews scheduled with major airlines had their career aspirations scuttled.
Cheers,
Wes