Air India Crash: Key Findings from the Preliminary Report and Their Impact on Injury Claims
The devastating crash of Air India Flight AI171, a Boeing 787-8 Dreamliner en route to London Gatwick, shortly after takeoff from Ahmedabad on June 12, 2025, has sent shockwaves through the aviation industry and left families grappling with unimaginable loss. With 241 lives lost on board and 19 on the ground, the aftermath has been a complex interplay of grief, investigation, and legal proceedings. In the wake of this tragedy, a preliminary report has been released, shedding light on potential causes and raising critical questions about liability and compensation. This blog post delves into the key findings of the preliminary report and explores their potential impact on injury and death claims arising from the Air India crash.
The Tragedy Unfolds: A Summary of the Air India Flight AI171 Crash
On June 12, 2025, Air India Flight AI171 crashed shortly after takeoff from Ahmedabad Airport, bound for London Gatwick Airport. The aircraft, a Boeing 787-8 Dreamliner, impacted a residential area near B. J. Medical College, resulting in a catastrophic loss of life. All 12 crew members and 229 of the 230 passengers on board perished, along with 19 people on the ground. The crash marked the first fatal accident and hull loss involving a 787 since the type entered service in 2011.
Key Findings from the Preliminary Report
India’s Aircraft Accident Investigation Bureau (AAIB) released a preliminary report on July 12, 2025, outlining its initial findings. The report indicated that the crash was caused by both engines losing thrust after their fuel control switches moved from the “RUN” position to the “CUTOFF” position seconds after liftoff. The cockpit voice recording captured one pilot asking the other, “Why did you cut off?”, with the other responding, “I didn’t do so”. The report did not specify whether the switch movement was deliberate, accidental, or due to mechanical failure.
The Impact on Injury and Death Claims
The preliminary report’s findings have significant implications for injury and death claims arising from the Air India crash. Here’s a breakdown of the key legal considerations:
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The Montreal Convention: The Montreal Convention of 1999 is a crucial international treaty that governs liability in cases of international air accidents. Both India and the UK are signatories to the Montreal Convention, meaning its provisions apply to this crash. Under the Montreal Convention, Air India is strictly liable for damages up to a certain limit (approximately ₹1.85 crore or $211,000 USD as of December 2024) for each passenger death or injury, regardless of fault. This means that families of the deceased and the sole survivor are entitled to this compensation without needing to prove negligence on the part of the airline.
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Proving Negligence for Higher Compensation: While the Montreal Convention provides for strict liability up to a certain limit, families can pursue additional compensation if they can prove that the airline was negligent. Negligence could include factors such as:
- Pilot error: If the investigation reveals that pilot error contributed to the crash, Air India could be held liable for damages exceeding the Montreal Convention limits.
- Mechanical failure: If a defect in the aircraft or its components caused the crash, Boeing, as the manufacturer, could be held liable.
- Maintenance issues: If improper maintenance or inadequate safety checks contributed to the crash, Air India could be found negligent.
- Regulatory Lapses: Claims against the government will be possible in case there is a regulatory lapse.
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The Role of the Fuel Cutoff Switches: The preliminary report’s focus on the fuel cutoff switches raises critical questions about their design, operation, and maintenance. If it can be proven that the switches were faulty or prone to accidental activation, this could strengthen claims of negligence against Boeing or Honeywell (the switch manufacturer).
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Lawsuits Against Boeing and Honeywell: Families of the victims have already filed lawsuits in the United States against Boeing and Honeywell, alleging that faulty fuel switches caused the crash and that the companies were aware of the risks but failed to take action. These lawsuits could pave the way for significant settlements or jury awards if the companies are found liable.
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Claims for those on the ground: While the Montreal Convention primarily addresses the liability for passengers, those injured or who lost loved ones on the ground may also have grounds for legal claims. These claims would likely be governed by Indian tort law and could involve proving negligence on the part of the airline or other responsible parties.
Navigating the Legal Landscape: Advice for Victims and Their Families
The aftermath of the Air India crash is a challenging time for victims and their families. Here’s some advice on navigating the legal landscape:
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Seek Legal Counsel: It is crucial to consult with an experienced aviation accident attorney who can advise you on your legal rights and options. An attorney can help you understand the complexities of the Montreal Convention, investigate potential causes of the crash, and pursue all available avenues for compensation.
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Do Not Rush into Settlements: While Air India and its parent company, Tata Group, have announced interim compensation payments, it is important not to rush into accepting any final settlement offers without fully understanding your legal rights. An attorney can help you evaluate the fairness of any settlement offer and negotiate for a more favorable outcome.
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Gather Evidence: Preserve any evidence related to the crash, such as travel documents, medical records, and personal belongings. This evidence can be valuable in supporting your legal claims.
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Be Aware of Deadlines: The Montreal Convention sets a two-year statute of limitations for filing claims. It is crucial to act promptly to protect your legal rights.
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Consider All Potential Claims: Explore all potential avenues for compensation, including claims under the Montreal Convention, negligence claims against the airline or manufacturers, and claims under insurance policies.
The Path Forward: Seeking Justice and Accountability
The Air India crash is a tragedy that demands a thorough investigation and accountability. As the investigation progresses and more information comes to light, it is essential that victims and their families have access to the legal resources and support they need to navigate the complex claims process. By understanding their rights and seeking experienced legal counsel, they can pursue justice and fair compensation for their losses.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific legal situation.