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Injured passengers on Singapore Airlines face varied compensation
May 21, 2024 3:35 PM

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."

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