Because Asiana Flight 214 was international, lawsuits against the responsible airline are governed by the Montreal Convention. The Montreal Convention strictly limits where a passenger may bring suit. To bring suit against an airline in a U.S. court, the injured passenger must be a U.S. resident, the
passenger’s ticket must have been issued in
Airlines
Suing Asiana Airlines in the United States
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…
Montreal Convention Governs Asiana Airlines’ Obligation to Compensate the Passengers of Flight 214
Asiana Airlines Flight 214 was an international flight between Seoul and San Francisco. That means the airline’s obligation to compensate its passengers for their injuries is governed by an international treaty known as the Montreal Convention. Here are some of the Convention’s important points, as they apply to Flight 214:
- The Airline must compensate
…
Asiana 214: What Was So Hard About Making The Runway?
A pilot needs to reach the end of the runway at the right height and speed. Too slow and the aircraft could stall and crash. Too fast and the aircraft will run off the far end.
As an approach to landing progresses, the pilot watches the runway and constantly reassesses whether the aircraft is going…
“Slam Dunk” Approach for Asiana 214
A poster on another forum notes that air traffic control kept Asiana 214 higher than the same flight from Seoul that landed the day before, requiring the aircraft to make a steeper descent to the runway. This is sometimes called a "slam dunk" approach.
The top illustration is the descent profile for the accident flight.
Ice Crystals Not Likely Cause of Asiana 214 Crash
In January 2008, a Boeing 777 crash landed just short of the runway at London Heathrow Airport. Ice crystals had formed in the fuel. The ice crystals restricted the fuel to the aircraft’s two Rolls-Royce engines, causing a power failure just before landing.
Could the same thing have happened to Asiana Airlines Flight 214?…
Why Did Asiana Flight 214 Land Short?
The picture to the right makes it clear that Asiana Flight 214 hit the berm just short of the runway 28L threshold. But why?
Sometimes, an aircraft lands short because of a mechanical problem. For example, British Airways Boeing 777 landed short at Heathrow in 2008 when ice crystals in the fuel caused the engine…
Passenger Burned by Hot Coffee Sues Continental
A flight attendant placed a cup of hot coffee on passenger Lourdes Cervantes’ tray table. Then the passenger in the row ahead of her reclined. That caused the coffee to spill on Cervantes lap. Cervantes suffered second degree burns. She sued Continental.
Does she have a case?
Domestic travelers can hold the airline liable…
NTSB Questions FAA’s Practice of Allowing Boeing to Self-Certify its Designs
The FAA allows Boeing to certify its own design work. That means that, at least to some extent, Boeing now regulates itself. That never seemed like such a great idea to me. Afte
r all, isn’t it the FAA’s job to make an independent determination that an aircraft design is safe? Does it make sense for the FAA…
China Airlines at Bottom of Safety List
The Jet Airliner Crash Data Evaluation Center (“JACDEC”) is an airline safety think-tank in Germany. Last week, it rated the safety records of 60 air carriers worldwide. It considered the number of crashes and fatalities each airline has experienced – regardless of cause – since 1983. Its “time-weighted”
methodology placed the greatest emphasis on recent crashes.
The …