Under the Montreal Convention, Singapore Airlines is liable for accidents, which can include turbulence, on international flights regardless of whether the airline was negligent, according to U.S. aviation lawyers
Allianz is the lead insurer for the Singapore Airlines aircraft which left one person dead and scores injured after it hit severe turbulence and had to be diverted to Bangkok this week, two sources said on Thursday.
The sources familiar with the matter, who declined to be named, could not immediately provide detail on the size of any potential insurance claim against the hull and liability policy.
The flight from London and bound for Singapore fell into an air pocket while cabin crew were serving breakfast before it encountered turbulence, prompting the pilots to request an emergency landing, Bangkok Suvarnabhumi Airport general manager Kittipong Kittikachorn told a press conference.
Passengers injured by severe turbulence on a Singapore Airlines flight on Tuesday are likely eligible for compensation, but the amount each receives could differ dramatically even for identical injuries due to an international treaty.
Under the Montreal Convention, Singapore Airlines is liable for accidents, which can include turbulence, on international flights regardless of whether the airline was negligent, according to U.S. aviation lawyers.
If passengers file a lawsuit, the airline cannot contest damages up to around $175,000.If a passenger seeks larger damages, Singapore Airlines can try to limit liability by proving it took all necessary measures to avoid the turbulence, said Mike Danko, a California attorney who represents passengers. He said airlines rarely prevail on such arguments.
Danko said the airline can also limit their liability by showing 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.
“First and foremost what is the jurisdiction where you can bring a claim and how do they value injury claims,” said Daniel Rose, a New York attorney with Kreindler & Kreindler, which represents passengers.