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JAL 123 Crash - Did Boeing Pay Any Restitution?  
User currently offlineDIRECTFLT From United States of America, joined Jan 2010, 55 posts, RR: 0
Posted (2 years 1 month 3 weeks 1 day 23 hours ago) and read 5561 times:

From the Wiki article on the tragic 1985 crash of JAL 123, is states that "Without admitting liability, JAL paid ¥780 million to the victims' relatives in the form of "condolence money"."

The Wkik article also states: "Rumors persisted that Boeing had admitted fault to cover up shortcomings in the airline's inspection procedures, thus protecting the reputation of a major customer."

But, if Boeing botched the repair job, were there ever any civil or criminal actions taken against Boeing ?

Did Boeing ever pay any money to anyone as a result of the the botched repair ?


Smoothest Ride so far: AA A300B4-600R ~~ Favorite Aviation Author ~ Robert J. Serling
4 replies: All unread, jump to last
 
User currently offlinebueb0g From United Kingdom, joined Jul 2010, 642 posts, RR: 0
Reply 1, posted (2 years 1 month 3 weeks 1 day 23 hours ago) and read 5550 times:

Quoting DIRECTFLT (Thread starter):
But, if Boeing botched the repair job, were there ever any civil or criminal actions taken against Boeing ?

Did Boeing ever pay any money to anyone as a result of the the botched repair ?

There were not any criminal charges against Boeing - Japanese prosecutors decided not to, after Boeing settled fairly amicably with the families involved. So yes, Boeing did pay compensation (and quite a healthy amount too, although I don't know the actual figures) and no, there were no charges against them.

To be honest, Boeing didn't really have a choice - in a society where honour is so important, Boeing would have been signing a waiver for any future orders in Japan had they not paid proper compensation to the families... And Boeing isn't the kind of company that would try and worm its way out of paying compensation for an accident that they played a large part in, anyway.



Roger roger, what's our vector, victor?
User currently offlineDIRECTFLT From United States of America, joined Jan 2010, 55 posts, RR: 0
Reply 2, posted (2 years 1 month 3 weeks 1 day 23 hours ago) and read 5477 times:

Quoting bueb0g (Reply 1):
There were not any criminal charges against Boeing - Japanese prosecutors decided not to, after Boeing settled fairly amicably with the families involved. So yes, Boeing did pay compensation (and quite a healthy amount too, although I don't know the actual figures) and no, there were no charges against them.

To be honest, Boeing didn't really have a choice - in a society where honour is so important, Boeing would have been signing a waiver for any future orders in Japan had they not paid proper compensation to the families...

So from what you're saying, the money that JAL paid to the families was money that came through Boeing.

If that's so, then that sounds fair and equitable, from the standpoint of Boeing.

Did Boeing also replace (at no charge) the 747 to JAL ?



Smoothest Ride so far: AA A300B4-600R ~~ Favorite Aviation Author ~ Robert J. Serling
User currently offlinebueb0g From United Kingdom, joined Jul 2010, 642 posts, RR: 0
Reply 3, posted (2 years 1 month 3 weeks 1 day 20 hours ago) and read 5133 times:

Quoting DIRECTFLT (Reply 2):
Did Boeing also replace (at no charge) the 747 to JAL ?

Probably not but the airline would have got an insurance payout for the accident.



Roger roger, what's our vector, victor?
User currently offlinerfields5421 From United States of America, joined Jul 2007, 7607 posts, RR: 32
Reply 4, posted (2 years 1 month 3 weeks 1 day 19 hours ago) and read 4879 times:

Japanese culture is different from the United States or Europe.

The plane crashed. It was a JAL plane. Therefore JAL and its executives are responsible for those deaths, and JAL pays some money for expenses related to those deaths and suffering of the survivors.

This money is not an admission of liability, or guilt, or responsibility on the part of JAL.

When I arrived in Japan in 1982, one of the briefings on the cultural differences included this example. If I'm stopped at a red light and a following driver fails to stop and rams into my car - if that driver or any of his passengers are injured - I will visit them in the hospital - give them a few thousand Yen - and express my sorry to the personally that they were injured in an accident that I was also involved in. That expression of regret that anyone was injured in no way impacts my claims against that driver or his insurance company for damages, compensation for loss of use of my vehicle or my pain and suffering.

It cannot be used against me in court as an admission of guilt - as it would in the US or most European countries.

The 780 million Yen was just that. Nothing more.

At current exchange rates - 780 million Yen is about 9.86 million USD. At the time of the crash my memory is that the yen/dollar exchange rate made the 780 million Yen worth about 6.5 million USD - or about $12,500 per fatality.

The Wiki article on this crash is filled with errors. It is frequently edited as various groups try to shift the blame on others and hide the massive culpability of the Tokyo Metropolitan Police Department in the failure to initiate a prompt rescue effort that would have saved several lives.

I was stationed at Yokosuka at the time. I was over the crash site in one of almost a dozen US military helicopters that night. I was on the ground at the crash site before noon the next day.

The initial PR campaign by JAL to blame the flight crew for not landing safely at Yokota failed miserably as simulator reenactments were unable to find a way to keep the plane in the air.

By the time I left in Japan in November 1986, the local papers were reporting several lawsuits filed in the United States against Boeing and JAL by the crash survivors and families of the deceased.

My understanding is that Boeing, JAL and the Tokyo Metropolitan Police Department (they had jurisdiction over the crash location and responsibility for oversight of SAR) - all settled out of court. That no cases actually went to a jury, and that all amounts paid were sealed.

Part of the Boeing 'compensation' was reported locally as a replacement B747 aircraft for JAL. I have no idea if that actually happened.

But to answer your basic question - Yes, Boeing did pay several million after the crash. How much and exactly how the legal papers were worded will probably never be publicly known.

[Edited 2012-06-06 06:06:18]

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