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Accident Compensation - Questions  
User currently offlineDZ09 From United States of America, joined Sep 2006, 491 posts, RR: 1
Posted (5 years 3 months 4 weeks 1 day 7 hours ago) and read 3234 times:

This may not be the right time to ask this but I'll ask it anyway. Does the cause of an a airplane crash affect the compensation due to the passengers families?

Also some big airlines folded right after major crashes like Pan Am, TWA and Swissair. Will AF survive this accident?

8 replies: All unread, jump to last
 
User currently offlineLTBEWR From United States of America, joined Jan 2004, 13120 posts, RR: 12
Reply 1, posted (5 years 3 months 4 weeks 1 day 7 hours ago) and read 3211 times:

As to your 2nd question, AF will survive this recent deadly accident. They are backed up in part by 2 governments, have plenty of insurance they pay for.
This wiki link to the Montreal Convetion http://en.wikipedia.org/wiki/Montreal_Convention can explain some of the details. Per the article, and as it involved a French based airline, the base compensation would be about $150,000 USD for loss of life, but there are some condtions as to that as well as their own insurance. Of course, victims families can choose to sue in France as to AF or Airbus, but if possible they will tie some parts made in the USA that failed and caused this accident and file lawsuits in USA Federal Courts and go for lottery jackpot money.


User currently offlineFlyASAGuy2005 From United States of America, joined Sep 2007, 7004 posts, RR: 11
Reply 2, posted (5 years 3 months 4 weeks 1 day 6 hours ago) and read 3186 times:



Quoting LTBEWR (Reply 1):

With respect to the deceased and their grieving families, I'm sure many many law firms are already hot on this either by request or prodding. I live in the real world and people will try to get the most out of any event. Can I blame them? Probably not.

Eventually with all the cases that will be buzzing, some sort of class action lawsuit(s) will be filed against Air France, Airbus, EAS, French government, etc.



What gets measured gets done.
User currently offlineFuturePilot16 From United States of America, joined Mar 2007, 2035 posts, RR: 0
Reply 3, posted (5 years 3 months 4 weeks 1 day 6 hours ago) and read 3150 times:



Quoting FlyASAGuy2005 (Reply 2):
With respect to the deceased and their grieving families, I'm sure many many law firms are already hot on this either by request or prodding. I live in the real world and people will try to get the most out of any event. Can I blame them? Probably not.

Eventually with all the cases that will be buzzing, some sort of class action lawsuit(s) will be filed against Air France, Airbus, EAS, French government, etc.

You are so true. People say love makes the world go round. Realists like me realize that this earth revolves around money and despite the tragedy, money is the only thing that can help the family's grievance. R.I.P to those involved.



"The brave don't live forever, but the cautious don't live at all."
User currently offlineFlyASAGuy2005 From United States of America, joined Sep 2007, 7004 posts, RR: 11
Reply 4, posted (5 years 3 months 4 weeks 1 day 5 hours ago) and read 3132 times:



Quoting FlyASAGuy2005 (Reply 2):
EAS

EADS; sorry.



What gets measured gets done.
User currently offlineCXB77L From Australia, joined Feb 2009, 2626 posts, RR: 5
Reply 5, posted (5 years 3 months 4 weeks 20 hours ago) and read 3030 times:
AIRLINERS.NET CREW
CHAT OPERATOR

Did the actions of Air France cause the loss? Can Air France be sued for an "act of God", as it were?

I don't think any action can be taken until the cause of the accident is known. It is only then that evidence relating to Air France's actions that may have contributed to the accident will come to light, and it is only then that anyone can prove, on the balance of probabilities, that Air France are liable for the loss that the victim's families suffered.

I'm not saying that there won't be any compensation. The airline's insurance should be able to cover any compensation issues that may arise due to an accident.



Boeing 777 fanboy
User currently offlineTylerDurden From United States of America, joined May 2008, 852 posts, RR: 0
Reply 6, posted (5 years 3 months 4 weeks 18 hours ago) and read 2961 times:



Quoting CXB77L (Reply 5):
Did the actions of Air France cause the loss?

Not determined yet.

Quoting CXB77L (Reply 5):
Can Air France be sued for an "act of God", as it were?

What "act of God" are you talking about.

Act of God is primarily used as a legal defense against liability----it's tough to actually sue God (although there are cases where He's been named--seriously). They are mostly dismissed with prejudice by the judge in due course.

Quoting DZ09 (Thread starter):
Will AF survive this accident?

Why wouldn't they? They are well insured even if found negligent---they will only be out the few million on the stop-loss cause. Same with Airbus, etc....


User currently offlineDZ09 From United States of America, joined Sep 2006, 491 posts, RR: 1
Reply 7, posted (5 years 3 months 4 weeks 13 hours ago) and read 2889 times:



Quoting TylerDurden (Reply 6):
Act of God is primarily used as a legal defense against liability

That was really the purpose of my question. If the outcome of the investigation is going to affect the compensation then who can guarantee that the investigation is going to be transparent?

I would argue that Airbus planes are flimsy and cannot withstand unusual turbulence. anybody who has flown an airbus can attest to how they shake all over during take-offs or during a slight turbulence. Maybe this composite business is not all it's cracked up to be.


User currently offlineViscount724 From Switzerland, joined Oct 2006, 25459 posts, RR: 22
Reply 8, posted (5 years 3 months 4 weeks 13 hours ago) and read 2875 times:



Quoting DZ09 (Thread starter):
Also some big airlines folded right after major crashes like Pan Am, TWA and Swissair. Will AF survive this accident?

Swissair didn't fold as a result of Swissair 111. In fact, they were given credit for the way they handled handled the aftermath of that accident and how they treated families of the victims. There was almost no effect on traffic. I was on another Swissair MD-11 GVA-JFK a week after that crash and it was completely full.

Swissair was already heading for bankruptcy due to their terrible management decisions long before SR111.


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