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

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

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

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

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.

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

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”China Airlines methodology placed the greatest emphasis on recent crashes. 

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