The September issue of Plaintiff Magazine featured our article on the Montreal Convention as it applies to the crash of Asiana Flight 214. As far as we know, it’s the most comprehensive legal article that has been published on the crash to date.
Kristine Meredith Named Chair of National Aviation Law Group
Kristine Meredith has been appointed Chair of the American Association for Justice (AAJ) Aviation Law Section. The mission of AAJ is to promote a fair and effective justice system and to support attorneys 
representing those injured by the misconduct or negligence of others in cases against the most powerful interests.
The Aviation Law Section focuses
NTSB Goes After Lawyers Soliciting Asiana 214 Victims
The last thing a victim needs just after an accident is for a crush of lawyers to show up on his doorstep, uninvited, pressuring him to sign up for a lawsuit. But that’s what happens after just about every major air crash. That type of lawyer solicitation is distasteful, to say the least.
But thanks
Asiana 214 Passengers’ Right to Compensation for Emotional Distress Limited by Montreal Convention
Asiana Flight 214’s crash landing and the events that followed were traumatic experiences for all aboard. Even some of those who suffered no physical injury will struggle with emotional injuries for months if not years to come.
Normally, a passenger would be entitled to compensation for all the emotional distress suffered, regardless of whether the
Asiana 214 Animation Shows What Went Wrong
This animation compares what Asiana 214’s approach should have looked like to what it did look like. From the data we have, the animation appears to be fairly accurate, except the audio is not properly synchronized. (The initial transmissions are from when the aircraft was 7 miles from the runway, not several hundred feet.)
If
Not All Asiana Airlines 214 Claims Governed By Montreal Convention
As described here, passenger claims against Asiana Airlines are limited by the Montreal Convention. But any claims the victims’ may have against a manufacturer of the aircraft or its component parts are not.
NTSB Chairman Deborah Hersman reported that evacuation slides opened inside the passenger cabin. The slides are, of course, designed to
Asiana 214 and Runway Mismarkings
The markings on a runway are there to help the pilot aim for the proper touchdown point. Shortly before the Asiana 214 crash, SFO moved the touchdown point for runway 28L several hundred feet down the runway. SFO was thus required to remove the old markings, and paint on new ones that matched the new
Suing United Airlines for the Crash of Asiana Flight 214
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
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