A legal team comprising of UK-based Keystone Law and US-based Wisner Law Firm is preparing to file lawsuits against Boeing in both the US and UK over the tragic Air India plane crash, according to a report by the Economic Times. The lawyers are working closely with the families of the crash victims and are seeking to assert their legal rights under existing international law.
The report said the planned lawsuits would be separate from any other efforts Tata Sons might be making to support or compensate the victims’ families, including financial help. James Healy-Pratt, partner at Keystone Law, who is involved in the firm’s investigation, told ET 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.
Crash victims’ families hold legal right to sue in US or UK
According to the legal team, international laws like the Montreal Convention allow families of crash victims to file lawsuits in countries such as the US or UK. This applies if the airline operates in those countries or if the victims had connections there. The law also says airlines can be held fully responsible for passenger death or injury, with no limit on how much they might have to pay, according to the report.
Legal teams review offers, prepare for action
The lawyers are reviewing early settlement offers made by Air India’s insurer, Tata AIG, to the victims’ families. They are also looking into the airline’s duty to make advance payments to the families, as required by international law.
A detailed investigation is underway into the Air India Boeing 787 Dreamliner crash in Ahmedabad. Once they are ready, the legal team plans to file lawsuits on behalf of the affected families.
The legal effort is led by James Healy-Pratt and Owen Hanna from Keystone Law, along with aviation experts from the US-based Wisner Law Firm. Wisner is also involved in advising families affected by the 2020 Air India Express crash.
Huge insurance cover may be used for payouts
Air India and Boeing reportedly have around $4 billion in insurance coverage for such accidents. Air India alone has a $1.5 billion policy that could be used to cover any court-ordered payments in the US or UK.
Some families may choose to sue Air India in the London High Court under English law. Others could file cases in a US federal court in Virginia against Boeing, depending on the evidence. In both cases, they may seek full compensation with no limits on liability.
Filing lawsuits in US, UK could be more beneficial
Ajay Khatalawala, managing partner at Little & Co, told The Economic Times that filing a case in the US or UK can be more beneficial because these countries allow for wider compensation and more detailed legal procedures. In the US, for example, there can be jury trials and expert witnesses, which may lead to larger payouts for victims.
Courts in these countries are generally seen as more supportive of people filing lawsuits, especially when the case involves serious mistakes by manufacturers. 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.