LOS ANGELES, CA, August 22, 2013 /24-7PressRelease/
-- When an international flight is involved in a crash, a multinational treaty known as the Montreal Convention addresses and determines various issues relative to airline obligations and passenger rights and compensation. The treaty only applies to air carriers, not aircraft and parts manufacturers, the federal government or airport personnel, i.e. other entities who may have been responsible for the July 6th Asiana Flight OZ214 disaster at San Francisco International Airport.
Under the Montreal Convention, the 64 passengers on Flight 217 who are United States citizens will clearly be entitled to file suit against Asiana Airlines in the U.S. However, the 141 Chinese and 77 South Korean passengers, as well as the 9 passengers from various other non-U.S. countries, present a more complex situation with regard to whether Asiana, a South Korean company, can be sued by them in the U.S. These are issues which will be litigated and decided in the courts. The itinerary of each passenger will be examined as part of the effort to determine where that passenger might be allowed to file suit against Asiana Airlines. However, because the Montreal Convention does not cover any company other than the airline everyone, including Chinese, Korean and other non-U.S. resident passengers, will be permitted to file their claims against potential defendants such as The Boeing Company (the U.S. corporation that designed and manufactured the 777 model aircraft), various equipment and parts manufacturers, the Federal Government, entities who owned and maintained the electronic approach and landing equipment at the airport, the owner of SFO, airport personnel, and rescue/fire department personnel.
The special protection provided to airlines by the Montreal Convention needs to be changed so that the discriminatory affect on passenger rights is eliminated. The lawyers at Baum Hedlund Aristei & Goldman are dedicated to bringing about this kind of necessary change. The economic cost, both in terms of lost income and suffering, needs to be the centerpiece of the treaty, not arcane considerations found in the law of contracts.
For full article, please go to: http://www.airplanecrash-lawyer.com/CM/Custom/AsianaAirlinesFlightOZ2 ... ention.asp