Families Of Air India Crash Victims May File Cases Against Airline In UK, US Courts

Legal teams from the US and the UK are preparing to file lawsuits against Boeing in the two countries over the Air India crash in Ahmedabad last month, in one of the worst aviation disasters the country has seen, sources have told NDTV.

All but one of the 242 people on board the Boeing 787-8 Dreamliner were killed when it crashed moments after take-off in Ahmedabad on June 12. The airline has said that the plane was "well-maintained" and that the pilots were accomplished flyers.

The teams are working with the families of the crash victims and are seeking to assert their legal rights under existing international law.

The legal effort is led by James Healy-Pratt and Owen Hanna from UK-based Keystone Law, along with aviation experts from the US-based Wisner Law Firm, are leading the legal effort.

James Healy-Pratt, partner at Keystone Law, who is involved in the firm's investigation, told Economic Times that their international legal team has been in talks with the families of those who died in the UK crash over the past week. He added that they are closely reviewing all the evidence and are considering filing a lawsuit against Boeing in the US, along with a similar case against Air India in the High Court in London.

The planned lawsuits, say reports, would be separate from any other efforts Tata Sons, which owns Air India, might be making to support or compensate the victims' families, including financial help.

Air India had on June 14 announced that it would provide an interim compensation of Rs 25 lakh or approximately GBP 21,500 to the families of each of the victims and survivors of the airline's crash to help address immediate financial needs. This, it said, is in addition to the compensation of Rs 1 crore announced by its parent company, Tata Sons.

A detailed investigation is underway into the Air India Dreamliner crash. Once they are ready, the legal team plans to file lawsuits on behalf of the affected families.

Experts say courts in these countries are generally seen as more supportive of people filing lawsuits. However, legal experts also warn that these cases can face delays due to jurisdiction issues, especially when there are several parties involved from different countries.

The Montreal Convention 1999 establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo. Air India would need to fully meet compensation norms of the Montreal Convention in financially supporting the families of those who have been killed in the crash.  

Air India said there were 169 Indian passengers, 53 British, seven Portuguese and a Canadian on board the flight, as well as 12 crew members. Those killed ranged from a former Chief Minister of Gujarat, Vijay Rupani, to a teenage tea seller.

India's minister of state for civil aviation, Murlidhar Mohol, said the investigation was looking at "all angles" when asked specifically about possible "sabotage", in an interview to NDTV.