Other countries severely limit the compensation that may be awarded in lawsuits arising from airline accidents. For example, many other countries do not allow families to be compensated for loss of a loved one’s "care, comfort, and society." Or for "pain and suffering." That’s why in almost all situations the best venue for an Asiana Airlines Flight 214 victim to seek compensation will be the United States.
But any suit against the Asiana Airlines (as opposed to some other party who may have contributed to the crash) will be governed by the Montreal Convention. The Montreal Convention allows passengers or their family to sue Asiana Airlines in the United States if, and only if:
- The passenger’s ticket was issued in the United States;
- The passenger’s journey was a round trip that started in the United States or was a one-way trip that ended in the United States; or
- The United States was the passenger’s "principal and permanent residence."
Unless the passenger can satisfy one of these three requirements, he cannot sue Asiana Airlines in the United States.