Air India Crash: Boeing’s Liability and What Families Need to Know

Air India Crash: Boeing’s Liability and What Families Need to Know

The recent Air India Flight AI171 crash near Ahmedabad, involving a Boeing 787-8 Dreamliner, has tragically claimed the lives of 241 passengers and crew, along with multiple fatalities on the ground. Initial reports suggest a potential engine failure shortly after takeoff. This devastating event raises critical questions about liability, particularly concerning Boeing’s potential role and what legal avenues are available for the victims’ families.

Understanding the Legal Landscape: Who is Liable?

In the wake of such a tragedy, determining liability is a complex process. Several parties could potentially be held responsible, including:

  • Air India: As the operating airline, Air India has a primary responsibility for the safety of its passengers.
  • Boeing: As the aircraft manufacturer, Boeing could be liable if a design defect or manufacturing flaw contributed to the crash.
  • Engine Manufacturer: If the engine malfunctioned, the engine manufacturer could also face liability.
  • Maintenance Providers: Negligence in aircraft maintenance could also be a contributing factor.
  • Air Traffic Control: Errors by air traffic control could also be a factor.

The Montreal Convention: A Foundation for Compensation

The Montreal Convention of 1999 is a crucial international treaty that governs liability in international air accidents. India is a signatory to this convention, which is incorporated into Indian law via the Carriage by Air Act. Under the Montreal Convention, Air India is strictly liable for damages up to approximately 128,821 Special Drawing Rights (SDRs) per deceased passenger. As per current exchange rates, this translates to roughly ₹1.5 to ₹1.85 crore (approximately $175,000 USD). This means that families are entitled to compensation without needing to prove negligence on the part of the airline, unless the passenger contributed to the harm.

For damages exceeding this limit, the airline can be held liable for an unlimited amount if negligence or fault can be proven. This is where the investigation into the cause of the crash becomes critical.

Boeing’s Potential Liability: Design Defects and Negligence

Boeing’s liability hinges on whether a defect in the aircraft’s design or manufacturing contributed to the crash. If investigations reveal that a faulty component, a design flaw, or inadequate safety measures were factors, Boeing could face significant legal repercussions.

Product Liability Claims: Families may be able to bring product liability actions against Boeing under the Consumer Protection Act, 2019, if a defective aircraft or component caused the crash.

Negligence: If Boeing was aware of potential safety risks and failed to take appropriate action, they could be found negligent.

What Compensation Can Families Expect?

Families of the victims are entitled to various forms of compensation, including:

  • Montreal Convention Compensation: As mentioned above, this provides a baseline level of compensation regardless of fault.
  • Additional Compensation for Negligence: If negligence is proven, families can pursue additional damages to cover their full losses.
  • Ex gratia Payments: Air India’s parent company, Tata Group, has already announced an interim ex gratia compensation of ₹1 crore (approximately £85,000) for the families of those who lost their lives. Air India has further pledged a £21,000 interim payment for the families of the deceased and for the sole survivor to help with immediate financial needs. However, legal experts say that Air India and Boeing could be liable for more as per the Montreal Convention of 1999.
  • Insurance Claims: Many passengers may have had travel insurance or other policies that provide additional compensation in the event of death or injury.
  • Wrongful Death Claims: Families can file wrongful death claims to recover compensation for:
    • Funeral and burial costs
    • Loss of financial support
    • Loss of companionship and emotional suffering
    • Survival action damages (compensation for the pain the victim endured before passing)

Where Can Families File Claims?

Families can pursue claims in multiple jurisdictions:

  • India: As the place of departure and Air India’s principal place of business.
  • United Kingdom: As the intended destination of the flight.
  • United States: If Boeing is found liable, claims can be pursued in US courts.

The Role of Legal Experts

Given the complexities of aviation law and international regulations, it is crucial for families to seek legal representation from experienced aviation accident attorneys. An attorney can:

  • Investigate the crash: Gather evidence, consult with experts, and determine the cause of the accident.
  • Identify all liable parties: Determine who can be held responsible for the crash.
  • Advise on legal rights: Explain the complex legal landscape and help families understand their options.
  • Negotiate with insurance companies and airlines: Work to secure a fair settlement for the victims’ families.
  • Represent families in court: If a settlement cannot be reached, an attorney can represent the families in court.

Immediate Steps for Families

  1. Seek Legal Counsel: Contact an aviation accident attorney as soon as possible to understand your rights and options.
  2. Preserve Evidence: Keep all travel documents, insurance policies, and any other relevant information.
  3. Do Not Rush into Settlements: Claimant lawyers have advised relatives of victims of last week’s Air India crash not to rush into any decisions around compensation. Avoid feeling pressured into accepting early settlements without understanding your full legal rights.
  4. Document Everything: Keep records of all expenses, communications, and other relevant information.

The Investigation

The investigation into the Air India Flight AI171 crash is ongoing, with involvement from India’s Aircraft Accident Investigation Bureau (AAIB), the United Kingdom’s Air Accidents Investigation Branch, and the U.S. National Transportation Safety Board (NTSB). Preliminary findings suggest engine failure as a potential cause. The investigation will likely take months to complete and will play a crucial role in determining liability.

Conclusion

The Air India Flight AI171 crash is a tragic event with far-reaching consequences. Families of the victims face immense emotional and financial challenges. Understanding the legal landscape, particularly concerning Boeing’s potential liability, is essential for securing fair compensation and justice. By seeking legal counsel and taking appropriate action, families can navigate this complex process and work towards a more secure future.