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Boeing Sued For Millions After Thai Crash  
User currently offlineThai744 From Australia, joined Jun 2004, 303 posts, RR: 0
Posted (7 years 2 months 3 weeks 6 days 8 hours ago) and read 2812 times:
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The world's largest aerospace company faces a multi-million dollar lawsuit in an Illinois court following the recent plane crash in Thailand that killed 90 passengers, including 54 foreigners.

The Nation, Bangkok's independent newspaper, reported on Saturday that U.S. lawyers had filed the first of several cases against the Chicago-based aircraft maker on behalf of Thai victim Parinyawit Choosaeng.

Parinyawit suffered burn injuries after a McDonnel Douglas MD-82 jet of Thai budget carrier One-Two-Go broke into flames on the island of Phuket on Sept. 16.

More than 100 survivors and victims' relatives have given authority to two American lawyers to represent them to claim damages from Boeing, which took over plane maker McDonnel Douglas Corporation in 1997.

The complainant, filed in the Cook County Circuit Court, wants the court to order the defendant company to release immediately to the families all relevant evidence on the design and manufacturing records of the accident aircraft including maintenance records.

"The lawsuits must be filed shortly after the accident to preserve evidence so it would not disappear," lawyer Manuel von Ribbeck told a press conference on Friday. He added that each lawsuit could seek compensation of several million dollars.

Ribbeck said each legal action would be filed individually in accordance with the losses and damages each family had suffered. He added that compensation would cover both physical and psychological injuries and how much more medical intention they would need.

Von Ribbeck said his team had collaborated with Thai law firms in Bangkok and Phuket for possible legal action against other parties, including the airline.

The MD-82 model had crashed 13 times including the Thai crash in which citizens from France, Iran, Britain, Israel, the United States, Germany, Canada, Sweden, Australia and Indonesia were among the dead.

The plane broke in flames after it hit an embankment while landing in heavy rain on Phuket.

According to the Thai aviation department, flight data recorders or black boxes are due to arrive back in Thailand over the weekend, following analysis in the United States to help determine the cause of the crash.

"It is important to learn the cause of these terrible plane crashes to avoid similar accidents from happening again in the future, to save lives," Parinyawit said.

Although the findings of U.S. investigators have not been released, it was earlier reported that the bad weather was one of the major causes of the accident. Probers are likewise not discounting the age of the aircraft, possible mechanical problems and pilot error.

Obtained from this link: http://www.allheadlinenews.com/articles/7008671494

[Edited 2007-10-04 11:58:18]

41 replies: All unread, showing first 25:
 
User currently offlinePilotboi From United States of America, joined Sep 2007, 2366 posts, RR: 9
Reply 1, posted (7 years 2 months 3 weeks 6 days 8 hours ago) and read 2812 times:

Geez people (the survivors and familes), why can't we just let the NTSB do their job and get back to us once they find out what happened. Sad.

User currently offlineTwal1011727 From United States of America, joined Mar 2006, 638 posts, RR: 0
Reply 2, posted (7 years 2 months 3 weeks 6 days 8 hours ago) and read 2812 times:

Did that specific airplane crash 13 times or a total of 13 MD82s crash ?
If a total of 13 MD82s have gone down thats peanuts to the amount of other aircraft types that have crashed.
Alot more B727/B737/B747 (etc/etc) - have gone down than 13 for each type. So why are they scrutinizing the MD80s

KD


User currently offlineRicciPettit From , joined Dec 1969, posts, RR:
Reply 3, posted (7 years 2 months 3 weeks 6 days 8 hours ago) and read 2812 times:

Also was the MD82 built when the company was under the Boeing umbrella?

For some reason I thought it was before...


User currently offlineThai744 From Australia, joined Jun 2004, 303 posts, RR: 0
Reply 4, posted (7 years 2 months 3 weeks 6 days 8 hours ago) and read 2812 times:
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Well you would think when compare crashes / incidents to the total number of flights worldwide made by that particular aircraft type, the percentage would be very very small.

The people don't know where to get off! Crazy stuff!


User currently offlinePanAm747 From United States of America, joined Feb 2004, 4242 posts, RR: 8
Reply 5, posted (7 years 2 months 3 weeks 6 days 8 hours ago) and read 2812 times:

Sue first, ask questions later. Include everyone even remotely connected with the accident, and then sort it out later. In the end, we all up paying higher prices for everything, as everyone has to cover their derriers when lawsuits like this happen.

It is sad to see the legitimate grief turn to misdirected anger and those who feed upon it profit from it. If there is "blame" to be assigned, it can only be determined after a thorough investigation - not until then. I wish people realized that.



Pan Am:The World's Most Experienced Airline - P(oor) S(ailor's) A(irline): San Diego's Hometown Airline-Catch Our Smile!
User currently offlineSuper98 From United States of America, joined Mar 2007, 37 posts, RR: 0
Reply 6, posted (7 years 2 months 3 weeks 6 days 7 hours ago) and read 2812 times:

Ambulance chasing scuzbag attorneys!

They will uncover some very uncomplimentary things about that airline and its crew if they proceed. And Boeing will be exonerated completely.

Then the idiot Thai attorneys will be upset about this reflecting so badly on their own countrymen. This will then literally be insult to injury upon the families of the lost.

Very unfortunate and sad that these attorneys would get into this before they even know what happened.

VERY SAD


User currently offlinePilotboi From United States of America, joined Sep 2007, 2366 posts, RR: 9
Reply 7, posted (7 years 2 months 3 weeks 6 days 7 hours ago) and read 2812 times:

Quoting RicciPettit (Reply 3):
Also was the MD82 built when the company was under the Boeing umbrella?

No - it was built by McDonnell Douglas. Boeing bought MD, and assumed all the responsabilities of them, basically. But Boeing never had any part in the building of the MD-82.


User currently offlineScbriml From United Kingdom, joined Jul 2003, 12901 posts, RR: 46
Reply 8, posted (7 years 2 months 3 weeks 6 days 7 hours ago) and read 2812 times:
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Quoting RicciPettit (Reply 3):
Also was the MD82 built when the company was under the Boeing umbrella?

Yes, but Boeing bought MD and everything that goes with it. Boeing now counts all MD built planes as their own, so they have to take the bad with the good.



Time flies like an arrow, but fruit flies like a banana! #44cHAMpion
User currently offlineBx737 From Ireland, joined Sep 2001, 691 posts, RR: 3
Reply 9, posted (7 years 2 months 3 weeks 6 days 7 hours ago) and read 2812 times:

I believe that the aircraft involved was over 20 years old. How can a manufacturer ensure that the owners have maintained it properly or even that the operators properly trained their crews to operate the aircraft. If my car was involved in a crash, I would not sue the maker unless the crash was caused by a specific fault with the car, but as my car is over 5 years old, I think the manufacturer would laugh if I crashed and sued them, and rightly so.

User currently offlineBennett123 From United Kingdom, joined Aug 2004, 7817 posts, RR: 3
Reply 10, posted (7 years 2 months 3 weeks 6 days 7 hours ago) and read 2812 times:

http://aviation-safety.net/database/...1-8%&cat=%1&sorteer=datekey&page=1

User currently offlineCol From Malaysia, joined Nov 2003, 2129 posts, RR: 22
Reply 11, posted (7 years 2 months 3 weeks 6 days 7 hours ago) and read 2812 times:

Unfortunately, this is a common practice over here. The only winners are the lawyers, hence they do what they do best. As has previously been said, the loosers are the common folk when they are let go because companies cannot afford to pay product liability insurances, or cannot even get cover. Although this accident sounds like weather, can't see God being named in the law suit!!! I would suggest we put higher insurance levies on Lawyers based on the same Product liability manufacturers have, then lets see how many stupid cases they chase!

User currently offlineThai744 From Australia, joined Jun 2004, 303 posts, RR: 0
Reply 12, posted (7 years 2 months 3 weeks 6 days 7 hours ago) and read 2812 times:
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Quoting Super98 (Reply 6):
They will uncover some very uncomplimentary things about that airline and its crew if they proceed. And Boeing will be exonerated completely.

Which is probably not a bad thing.

1-2-Go is one of the shonkiest airlines I've flown (8 flights with them) and one of the only airlines I haven't felt comfortable with getting on their aircraft at times. (Air Asia being another, I'm sad to say).

Ok, I'm sure that Air Asia maintain their planes to a specified and required standard, but you know "that feeling" when you get on an aircraft and something's just not right. Hard to explain and put my finger on, but just a vibe I have had (rarely) at certain times.

Sorry - getting off topic here, but if there's uncomplimentary things to find out about the airline and crew, then so be it. Let's do it an improve standards.


User currently offlinePrebennorholm From Denmark, joined Mar 2000, 6548 posts, RR: 54
Reply 13, posted (7 years 2 months 3 weeks 6 days 7 hours ago) and read 2812 times:

Quoting Pilotboi (Reply 1):
Geez people (the survivors and familes), why can't we just let the NTSB do their job and get back to us once they find out what happened. Sad.

I'm not sure you should blame the the survivors and relatives. I think that you should blame US law firms. Since it happened to be a plane "made in the USA", then they see a business opportunity in combination with the US "jackpot justice system".

Hours after that tragic accident a minor army of dozens of US lawyers were sitting on planes to the Far East to hunt down survivors and families. With documents in their briefcase, or in their laptop plus portable printer.

"Sign here, it doesn't cost a cent, you get 50% of any income, you do nothing, we do everything, if we win $1,000 you get 500, and here you write your bank account number". (with small letters: "income" = profit after bribing the judge, travel expenses, and other directly related expenses such as office rent and cleaning).

And in the end it will be settled out of court with a total, secret amount so small that Boeing finds it cheaper to settle than continue to have their lawyers fight their defence.

Maybe I'm wrong? Maybe I'm exaggerating somewhat? But I'm afraid not. Any other thoughts?



Always keep your number of landings equal to your number of take-offs, Preben Norholm
User currently offlineTruemanQLD From Australia, joined Feb 2007, 1611 posts, RR: 0
Reply 14, posted (7 years 2 months 3 weeks 6 days 4 hours ago) and read 2812 times:

If Boeing was in any way at fault, sue them and then they will make sure they never let it happen again! Good on them, I knew one of the Australians daughters. RIP

User currently offlineSEPilot From United States of America, joined Dec 2006, 7202 posts, RR: 50
Reply 15, posted (7 years 2 months 3 weeks 6 days 2 hours ago) and read 2812 times:

Quoting Bx737 (Reply 9):
but as my car is over 5 years old, I think the manufacturer would laugh if I crashed and sued them, and rightly so.

Not in the US. A lawyer friend of mine once said, "any idiot with a typewriter can start a lawsuit." It is unfortunately true, and until we follow the rest of the civilized world and have penalties (such as loser pays the winner's legal costs) it will continue. With contingency fees there is little downside to suing for the most ridiculous things, and enough of them win for lawyers to keep at it, and judges are way too reluctant to throw them out. I think part of the problem is that way too many legislators are lawyers. I want to put in a constitutional amendment that says that anyone who has ever passed a bar exam will henceforth be forever barred from elective office as an inherent conflict of interest.



The problem with making things foolproof is that fools are so doggone ingenious...Dan Keebler
User currently offlineBillReid From Netherlands, joined Jun 2006, 1053 posts, RR: 0
Reply 16, posted (7 years 2 months 3 weeks 6 days 2 hours ago) and read 2812 times:

another frivoulous lawsuit.


Some people don't get it. Business is about making MONEY!
User currently offlineWorkFlyer From New Zealand, joined Dec 2006, 203 posts, RR: 0
Reply 17, posted (7 years 2 months 3 weeks 6 days 1 hour ago) and read 2812 times:

Before we apportion blame surely the investigation needs to be completed. That will be way into the future (if it is to be done properly)

Quoting Prebennorholm (Reply 13):
Maybe I'm wrong? Maybe I'm exaggerating somewhat? But I'm afraid not. Any other thoughts?

Sadly I think you are right on the money with these thoughts.


User currently offlineRFields5421 From United States of America, joined Jul 2007, 7607 posts, RR: 32
Reply 18, posted (7 years 2 months 3 weeks 6 days ago) and read 2812 times:

I'm sure Boeing isn't the only company being sued.

The engine manufacturers will be sued, the instrument manufacturers, the companies who made the interior fabrics - all will be sued because they should have done a better job to prevent the crash/ prevent damage, injuries and fire after the crash.

Heck the tire manufacturer will probably be sued.

Then we get into the air and Thai corporations including the ATC system.

Just the first of many lawsuits to come.


User currently offlineSpacecadet From United States of America, joined Sep 2001, 3675 posts, RR: 12
Reply 19, posted (7 years 2 months 3 weeks 6 days ago) and read 2812 times:

Quoting Prebennorholm (Reply 13):
I'm not sure you should blame the the survivors and relatives. I think that you should blame US law firms.

No, you should blame US *law*.

There are both practical and legal limitations on the amount of time you have to file a liability lawsuit. The earlier, the better. Given that most accident investigations take years to complete, it's not in a victims' best interests to wait. And think about it - their best interests are all they care about, not the airline's or the manufacturer's. They're the ones who were injured, those injuries were caused by something out of their control, and more likely than not it was either the airline or the manufacturer that was at fault. (It almost always is; accidents don't just happen by chance.)

Let's say you were in an accident and you ended up with third degree burns over half your body and you lose an arm. Are you going to just sit there and do nothing because you feel a sense of charity to Boeing? What if it comes out 5 years later in the accident report that the crash occurred due to a faulty repair by Boeing? Are you really going to wait that long as your medical bills pile up and insurance companies refuse to insure you for less than $10,000 a month?



I'm tired of being a wanna-be league bowler. I wanna be a league bowler!
User currently offlineKanebear From United States of America, joined May 2002, 953 posts, RR: 1
Reply 20, posted (7 years 2 months 3 weeks 6 days ago) and read 2812 times:

Yet another lawsuit that'll likely go nowhere. It's going to be tough to nail Boeing on this as the MD-82 doesn't exactly have a shaky track record. Investigate the airline and maintenance procedures; AA, SK, AZ and YX all fly hundreds of 'em daily. If a design flaw existed, it'dve been found out long long long ago IMO. One nice thing about airliners vs. car manufacturers; approvals are much much harder to get and designs subject to intense scrutiny. I hope the bastards are on contingency and get what they deserve; nothing more than huge costs rung up trying the case.

User currently offlineLTBEWR From United States of America, joined Jan 2004, 13210 posts, RR: 16
Reply 21, posted (7 years 2 months 3 weeks 5 days 23 hours ago) and read 2812 times:

Quoting Prebennorholm (Reply 13):
"Sign here, it doesn't cost a cent, you get 50% of any income, you do nothing, we do everything, if we win $1,000 you get 500, and here you write your bank account number". (with small letters: "income" = profit after bribing the judge, travel expenses, and other directly related expenses such as office rent and cleaning).

And in the end it will be settled out of court with a total, secret amount so small that Boeing finds it cheaper to settle than continue to have their lawyers fight their defence.

Maybe I'm wrong? Maybe I'm exaggerating somewhat? But I'm afraid not. Any other thoughts?

You are exaggertating. It is very difficult to bribe judges, even in Cook County (Chicago), Illinois with a highly corrupt history and if caught could go to jail. The real problem is the jury as they tend to encouaged by the Plaintiff's attonreys in such matters to go for huge judgements against deep pockets, like Boeing. Boeing is a 'deep pocket' with a lot more $$$'s than probably the airline had in insurance to pay out.


User currently offlineSeabosdca From United States of America, joined Sep 2007, 5856 posts, RR: 6
Reply 22, posted (7 years 2 months 3 weeks 5 days 23 hours ago) and read 2812 times:

Y'all are getting a little heavy on the lawyer hate here. Hate the tort system, not the lawyers. Blaming all lawyers for the (rational under our system, by the way) actions of a few is just like saying "All aircraft mx personnel are scum" because 1-2-Go cut one too many corners. (Not saying the cause is bad mx, just giving an example.)

Remember, lawyers will also be the ones ensuring that Boeing doesn't have to pay as a result of these suits...

I'll agree that we should look into adopting the English system, at least in products liability cases. (In most cases, loser would pay winner's attorneys' fees.)


User currently offlineItsnotfinals From , joined Dec 1969, posts, RR:
Reply 23, posted (7 years 2 months 3 weeks 5 days 23 hours ago) and read 2812 times:

Quoting Pilotboi (Reply 1):
NTSB do their job and get back to us once they find out what happened. Sad.

The NTSB does not investigate accidents outside of the US, they may sometimes consult, but this investigation will be carried out by the Thai aviation authorities.


User currently offlineBoeingluvr From , joined Dec 1969, posts, RR:
Reply 24, posted (7 years 2 months 3 weeks 5 days 23 hours ago) and read 2812 times:

Quoting TruemanQLD (Reply 14):
If Boeing was in any way at fault, sue them and then they will make sure they never let it happen again! Good on them, I knew one of the Australians daughters. RIP

Well in reality Boeing is in no way responsible. They had no part in designing or building the aircraft. Sure they took on the responsibilty, but they're not to blame if they never built the thing.

There has been no investigation finished. This is like Air France. Weather related accident and everyone wants to sue becuase the airlines have so much control over the weather. Let alone the manufaturer. Given the airlines track record, I would be surprised if maintenance was to blame. At the end of the day, sue the airline for pilot error. He should have made the decision to go around earlier...


25 2175301 : I agree with the concept of tort reform. I am not in total agreement with the loser pays all legal fees though. There is a range of classes of lawsuit
26 Bok269 : I am very sorry to hear of your loss. At this point in the investigation, it is way too early to tell who was at fault. Given the state of many low c
27 Pilotboi : I'm pretty sure I read something that said that they were askign the NTSB to help them and basically head the investigation. Perhaps it was just a su
28 FlyingAY : This is actually not true. Boeing of these days includes also the former McDonnell-Douglas, so yes, they built the thing, although the plane wasn't c
29 Zeke : From the current FAA Type Certificate Data Sheet (TCDS) Below is my opinion, I am not a lawyer, so don't take it as fact !! .... This is the same TCD
30 Boeingluvr : Okay okay... Yes it does. But Boeing did not actually have involvment in theb design and production of the a/c before the bought out Douglas.
31 Post contains images Scbriml : Make your mind up! Boeing is responsible, they took over MD and everything that goes with it. Say a design fault is discovered on the MD-80, who woul
32 Flymad : Agree whole-heartedly. Classic case of an attorney stirring the pot!
33 KBFIspotter : If you read in the OP Boeing does not keep the maintenance records for the aircraft it manufactures once they leave the factory (I am not sure they ev
34 IADCA : Not likely. They're likely asking for a very large amount, and Boeing can likely show that they have NO blame here. The design of the plane likely ha
35 Zeke : Normally the manufacturer does keep track of the number of cycles, hours etc for an aircraft and major components they are responsible for, so they c
36 Post contains images Bok269 : The NTSB is often called in for their expertise when local investigative agencies are insufficient or are in need of assistance. Correct. For the sak
37 Post contains images IADCA : Boeing has good lawyers. This one shouldn't ever get to a jury. It'll either be shot down by statute of repose, the state equivalent of 12(b)(6), a m
38 Boeingluvr : I see what you are saying as far as legalities go. I'm saying non legally Boeing did not build the plane at all. I'm just mad that people are suing t
39 Trekster : Are the airline, Management of it, and the mechs going to get sued as well, considering it was there job to make sure the plane was fit to fly, and a
40 OHLHD : Nothing new in Thailand. AFAIK they sued Airbus over the A300 (? A310) that crashed I think at KTM.
41 Tennis69 : Lets see - I work in McDonalds and my boss tells me to strip. I do and then sue and win $6 million. I spill hot coffee on myself, sue and win $3 milli
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