May 21 (Reuters) - 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.
One passenger died and the airline said 30 passengers were
treated for injuries after a flight from London to Singapore
made an emergency landing in Bangkok on Tuesday. Samitivej
Hospital said it was treating 71 passengers.
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.
For example, U.S. juries have awarded passengers more than
$1 million for the emotional trauma of severe turbulence, while
many courts in other countries award far less if anything for
similar emotional distress.
The Montreal Convention sets out various rules for
determining where a claim can be brought, which can depend on
the destination, where the ticket was purchased and the
residence of the passenger.
Tuesday's flight departed from London bound for Singapore
and carried passengers from around the world.
Aviation attorneys said British passengers on a round-trip
ticket originating in London could file a claim in UK courts.
Others might have been planning to catch a connecting flight to
return home to Indonesia, where they would have to bring their
claim. As a result, claims might differ widely in value for the
same injury.
Curtis Miner, a Florida attorney who represents passengers,
said the 2013 crash of an Asiana Airlines plane in San Francisco
resulted in injured passengers with widely varying compensation
because many were flying round-trip originating from various
East Asian cities.
"The passengers were from all over the place," said Miner.
"So people who may have had similar injuries, some could bring
their case in San Francisco but others who were not able to."