Understanding Compensation for Injuries from Severe Turbulence on Singapore Airlines Flights

 

Due to international treaties, passengers hurt on a Singapore Airlines flight on Tuesday may be entitled to compensation, although the amount awarded to each person for comparable injuries may differ significantly.

One person died and thirty were treated after the flight from London to Singapore made an emergency landing in Bangkok on Tuesday, according to the airline. Samitivej Hospital reported that 71 patients were under its care. Aviation attorneys in the United States assert that Singapore Airlines is accountable for mishaps, including turbulence on international flights, under the Montreal Convention, regardless of the airline's conduct. Up to about $175,000 in damages, the airline cannot argue against lawsuits filed by passengers. According to Mike Danko, a California passenger attorney, Singapore Airlines may attempt to reduce its obligation if a customer requests greater compensation by demonstrating that it took all reasonable precautions to prevent the turbulence.  

He said that these kinds of arguments are rarely successful for airlines. Additionally, Danko pointed out that the airline could reduce its liability by demonstrating that the customer contributed to their own injuries in some way, such as by disobeying seatbelt warnings.

 

The nation in which the case is filed and the way in which its legal system determines compensation levels frequently influence the amount of compensation.

 

Daniel Rose is a passenger attorney with Kreindler & Kreindler in New York. "The first and most important thing is which jurisdiction you can bring a claim in and how they value injury claims," Rose stated.

 

For instance, U.S. juries have awarded over $1 million to passengers for the emotional trauma of severe turbulence, while courts in other countries have granted much smaller awards for similar emotional distress.

 

The Montreal Convention sets various rules to determine where a claim can be filed, which may depend on the destination, where the ticket was purchased, and the passenger’s residence.

On Tuesday, the flight took off from London to Singapore, transporting passengers hailing from various corners of the globe.

British passengers who have round-trip tickets beginning in London, according to aviation attorneys, could bring claims in UK courts. Some might have intended to return to Indonesia via connecting flights, where they would need to submit their claims. Because of this, claims for the same damage may have quite different values.

In the 2013 Asiana Airlines jet crash in San Francisco, many of the injured passengers were traveling to and from East Asian destinations, according to Florida attorney Curtis Miner, who is representing the victims. However, the compensation that the injured passengers received varied widely. "Passengers were from everywhere,"

 

Miner said. "So, some who had similar injuries could file their cases in San Francisco, but others could not."