Legal issues of aviation law interpretation of the horse boat lost case
Created:
/Author:
Aaron Lewis
Today the Malaysia Airlines flight to Beijing lost contact a thing people pulling in, have a lot of friends have called to ask the relevant legal issues, I am now tidy, we hope to help.
With some friends on the horse boat still insist that only lost contact with flight, that irresponsible mas.In fact, I think it is not confirmed or announced that the plane has crash, because after all, has not found the wreckage of the plane to as direct evidence, if it happens, will be floating in the sea, by now the technology will be found sooner or later.In any case, we hope to not crash, passengers can lucky home.If the pilot skill successful landing in the sea, passenger may still escape.
In fact, the big question now is to appease the families of the passengers should deal with the problem, suffer so big changes, is a great pressure on anyone.If not handled properly, the elderly, children or the weak sensitivity may be seriously hurt.Regardless of the event how the final result, airlines should understand their emotions, try to meet the legitimate demands of the families of the passengers.There are many famous airlines will make crisis management company dedicated to communication with his family at this very period, because they have rich experience in dealing with similar cases.
About the claims of the case, according to the Montreal convention, the claim in the confirmation of two years from the date of the crash can sue can.So do not worry because of the delay time can not be compensated.Even if has not found the whereabouts of the aircraft (this possibility is very small), passengers can lose contact in the aircraft after two years to apply to the court for declaration of death, the court made the judgment after.Of course, that death is only a legal procedure, if the passengers safely home two years later, revoke the declaration of death.
Claim on pure place, from a legal point of view, because China and Malaysia are Montreal state, so the passengers or their families may be based on the Convention on choice of court, the main business of Ma Hang Malaysia and voyage to Beijing China is the range of choices.For Chinese passengers or families choose to prosecute in Beijing will obviously a lot easier, because the airlines are cast have liability, so do not have to worry about in the China winning the lawsuit and not get compensation, even after airline bankruptcy should not affect the victim after obtain compensation.In addition, the Beijing court heard my agent because the 100 people air crash cases, so a large group crash case trial experience.To sum up, if only from the legal point of view, in Chinese or Malaysia prosecution is the most simple.But from the litigation strategy that may not be the best choice.
As in the case of aircraft manufacturer Boeing American, so the case is complex, can consider the prosecution of the Boeing company in USA, incidentally, with respect to the airlines are America v..Frankly, the USA compensation is the highest in the world, so we tend to occur anywhere in the world of the air going to sue. Boeing's headquarters in Chicago to the court, from exotic air crash cases, there may be inconvenient to the original jurisdiction of the court American is rejected, so you have to kill a plane crash state to prosecute, it may take longer, but in some cases may be in hasn't been rejected before or during the appeal process mediation, so it is possible to obtain a higher compensation.However, there is no evidence to prove the case and air quality related, of course, is also not excluded, so if in American prosecution, the difficulty will be greater.
About the amount of compensation, if in Malaysia according to the Convention China or prosecution, the first look at the carrier MAS has fault in the accident, if there is no fault (such as the aircraft was destroyed by terrorists or was suddenly hit by missiles, lightning, etc.) is the carrier's compensation is based on the 100000 point by adjusting the SDR.Calculation of SDRs is somewhat complex, and change, should according to the judgment day monetary value to calculate.Estimation is computationally too complex, the lawyers are not clear, so I agent for more than ten years of air crash cases, really have not seen with compensation is calculated according to this.Because the crash case is almost the mediation, the actual to be integer, no odd.If the carrier has fault, does not apply to limitation of liability, but the problem is that even if there is no limit, the calculation is still a problem how to, because China unlike America can let the jury to estimate the amount of it.Of course, if the case in USA prosecution even simple, without the need to calculate the claim amount to prosecute the plaintiff in the America, gave the jury is very convenient, if the lawyers can sit down to negotiate may also be solved in about $one million.There may also be rejected, change the battlefield fight.Good luck is also very important in the lawsuit.
The best result is of course the plane safely landed, passengers safe and sound.At present, we still have hope!
Hao Junbo lawyer
Lawyer Hao Junbo, Chinese first crash lawyer, is currently the only professional lawyers China crash, in 10 years of experience in disaster area has, ever go through the following air crash cases:
In 2004 China Baotou crash
In 2006 Russia Yiercike crash
In 2008 Russia perm crash
In 2009 USA buffalo crash
In 2010 China Yichun crash
In 2011 USA Phoenix crash
The 2012 Nigeria air crash in Lagos
The 2013 crash America San Francisco
In 2013, Mozambique Airlines Namibia air crash
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