Passengers injured in turbulence-hit SIA flight could receive varying compensation

SINGAPORE - Passengers injured by

severe turbulence on a Singapore Airlines (SIA) flight

on May 21 are likely eligible for compensation, but the amount that each receives could differ dramatically, even for identical injuries, due to an international treaty.

One passenger died, and the airline said 30 passengers were treated for injuries after Flight SQ321 from London to Singapore made an emergency landing in Bangkok on May 21. Bangkok’s Samitivej Hospital said it was treating 71 passengers.

Under the Montreal Convention, SIA is liable for accidents, which can include turbulence, on international flights, regardless of whether the airline was negligent, according to US aviation lawyers.

If passengers file a lawsuit, the airline cannot contest damages up to around US$175,000 (S$236,000).

If a passenger seeks larger damages, SIA can try to limit liability by proving it took all necessary measures to avoid the turbulence, said Mr Mike Danko, a California attorney who represents passengers. He said airlines rarely prevail on such arguments.

Mr Danko said the airline can also limit its liability by showing that the passenger bore some of the fault for the injury, such as by ignoring warnings to wear a seat belt.

The size of damages often comes down to the country where the case is filed, and how the legal system assesses the amount of compensation.

Mr Daniel Rose, a New York attorney at Kreindler & Kreindler, which represents passengers, said: “First and foremost, what is the jurisdiction where you can bring a claim and how do they value injury claims?”

For example, US juries have awarded passengers more than US$1 million for the emotional trauma of severe turbulence, while many courts in other countries award far less, if anything, for similar emotional distress.

The Montreal Convention sets out various rules for determining where a claim can be brought, which can depend on the destination, where the ticket was purchased, and the residence of the passenger.

The May 21 flight departed from London bound for Singapore and carried passengers from around the world.

Aviation attorneys said British passengers on a round-trip ticket originating in London could file a claim in the British courts.

Others might have been planning to catch a connecting flight to return home to Indonesia, where they would have to bring their claim.

As a result, claims might differ widely in value for the same injury.

Mr Curtis Miner, a Florida attorney who represents passengers, said the 2013 crash of an Asiana Airlines plane in San Francisco resulted in injured passengers with widely varying compensation because many were flying round-trip originating from various East Asian cities.

“The passengers were from all over the place,” said Mr Miner.

“So people who may have had similar injuries, some could bring their case in San Francisco, but others were not able to.” REUTERS