Japan Airlines flight JL-431 had to reject takeoff from Tokyo International Airport, Japan, on September 27th.
The Boeing 737-800 plane was accelerating to takeoff for Matsuyama. Japan, when the crew rejected takeoff due to an engine issue.
The plane safely returned to the apron.
All one hundred and fifteen passengers and seven crew members remained safe.
Plane crash cases take a long time to settle, and the families of the Mangalore Crash can vouch for it, having been waiting since the date of the crash in May of 2010. Families who are still waiting on a settlement, and will be back in court this November. They aren’t looking for extraordinary measures, but want compensation for flight 812–the Air India Express Dubai-Mangalore in accordance with the Montreal Convention. 152 died in the crash.
According to The National, Airlines are required to pay compensation of 7.5 million rupees (Dh560,000) per passenger to families of crash victims, just as a Kerala judge ordered. Then that judge was overruled in favor of Air India Express. This November, the case will move into the highest court to rule in favor of the victims or Air India Express.
I know I have said this before, but it bears repeating.
I must remind the families that the value of the aviation case is usually much higher than 75 lakhs.
And this is because Tier II of the Montreal Treaty.
The convention’s second tier deals with the portion of a claim exceeding the $155,000 limit. An airline can avoid liability for portions of claims over the limit by proving it was “not negligent or otherwise at fault.”
I’m not a lawyer but I know from experience how it works. I have been working with wrongful death cases for years, and have learned a lot from the experience my aviation experts have graciously passed on to me.
If you can prove provable damages, then Tier II (referred to in Article 21(2) of the Montreal Convention) Air India Express is liable to families/passengers for all personal injury or wrongful death damages exceeding 100,000 Special Drawing Rights (SDRs), unless the carrier(s) can prove that the injuries or deaths were not due to the negligence or other wrongful act or omission of the carrier or it servants or agents OR the injuries or deaths were solely due to the negligence or other wrongful act or omission of a third party.
My guess is that the carrier will never prove this. The burden of proof is on them. If I am correct, and know the experts who have taught me, are correct, Air India Express is liable to the victims’ families for all damages under the applicable law, including but not limited to, pain & suffering of your loved one prior to death.
They are liable for pain and suffering, the loss of support, i.e., money, the loss and enjoyment of life of the victim.
I hope the families don’t sell themselves short, and give up all that may be coming in return for even a payment of the 75 lakhs. Accepting 75 lakhs—which may look like a lot after the losses they’ve suffered—but if they sign their name on the dotted like, they give up the right to future compensation.
For most people August 16 was just a day. But there are still some people who remember this day as the day in 2005 that one hundred fifty-two people died aboard a MD-82 near Machiques Venezuela. First one engine failed, then the second. After both engines flamed out, Flight 708 requested an emergency landing from Machiques ATC, but pilots lost control and within three minutes, crashed in a swampy area in a cattle ranch. The Bureau d’Enquêtes et d’Analyses pour la Sécurité de l’Aviation Civile (BEA) Investigation found the cause was human error due to in-flight problems from poorly paid, stressed Caribbean Airways crew working with poor communication.
One hundred and fifty-two French citizens from Martinique, and Colombian crew of eight were lost. It has gone down in the record books as the biggest crash in Venezuelan history, and the worst accident in 2005. In the distant photo of this accident, we cannot help but see how small and frail the craft looks. Like a toy of broken matchsticks lying broken on the ground. Sometimes we should remember that we are creatures of land, and have given ourself wings. The tragedy that we sometimes fail does overshadow sometimes that itt is a marvel that we fly.
It is the job of the investigation to find the cause to help make future flight safer; but when we remember a date such as this, it is a time to remember the passengers and crew. It is time to remember and console the families who survive them.
Whatever the cause, tragedies wear the same face of irreparable loss. It is not only France and Colombia that mourned the loss of their citizens. When tragedies happen, all the nations of the world mourn. So let us pause in our day and remember those who are lost to us; and take the time to remember John Donne “Any man’s death diminishes me, because I am involved in Mankind; And therefore, never send to know for whom the bell tolls; it tolls for thee.”
What: Ryanair Boeing 737-800 en route from Seville to Barcelona
Where: Seville
When: Oct 27th 2010
Who: 1 passenger
Why: A boarding passenger fell and fractured his arm. The fall was allegedly caused by the force from another engine’s exhaust.
WASHINGTON, June 24 /PRNewswire-FirstCall/ — The Boeing Company (NYSE: BA) and the U.S. Federal Aviation Administration announced today that they will work together to speed the development and application of environmentally progressive technologies for cleaner and quieter jet aircraft.
As part of the FAA’s Continuous Lower Energy, Emissions and Noise (CLEEN) program, Boeing and the FAA each will contribute up to $25 million during the next five years to conduct flight demonstrations of emergent airframe and engine technologies that have the potential of reducing greenhouse gas emissions and community noise.
“By combining our resources and expertise, we believe we can transition promising technologies from development into service more quickly to help reduce the environmental footprint of airplanes,” said Matt Ganz, vice president and general manager of Boeing Research & Technology, which is leading the program at Boeing. “We recognize the importance of protecting our ecosystem and are looking forward to working with the FAA on a variety of innovative solutions to help define the future.”
The technologies being developed under the CLEEN program will be flight tested aboard two demonstration vehicles, a Next-Generation Boeing 737 in 2012, with a second series of test flights aboard a yet-to-be-determined twin-aisle airplane in 2013.
This flight-test program builds on the success of the company’s Quiet Technology Demonstrators, which successfully highlighted a variety of noise reduction technologies during test flights aboard Boeing 777 aircraft from 2001 to 2005.
According to Boeing CLEEN Program Manager Craig Wilsey, the technologies that will be developed and tested during demonstration flights include adaptive wing trailing edges and ceramic matrix composite acoustic engine nozzles.
Adaptive trailing edges pertain to a collection of small controllable devices that are integrated into the aft portion of the wing. Most traditional wings are designed for best performance while at cruise, and have performance compromises during other flight phases. Adaptive trailing edges can help tailor the wing configuration to reduce fuel burn at takeoff, climb and cruise, and to reduce community noise at takeoff and landing.
New-generation engines on commercial airplanes are more efficient, but require materials that are capable of withstanding higher temperatures than previous engines. Ceramic matrix composites offer the potential of better thermal and structural performance, while helping to reduce weight and acoustic footprint.
In addition to Boeing Research & Technology, the company’s advanced central research, technology and innovation organization, Boeing’s CLEEN team is composed of engineers and support staff from Boeing Commercial Airplanes and Boeing Test & Evaluation.
Boeing continues to take aggressive steps to improve the environmental performance of its products including:
Producing the world’s newest commercial airplanes, the 787 Dreamliner and the 747-8, designed to be significantly more fuel-efficient and have lower emissions than earlier generation jetliners.
Pioneering research into sustainable aviation biofuel made from biomass sources that do not compete with food crops or land or water use. Aviation biofuels have lower carbon emissions over their lifecycle and help lessen aviation’s dependence on fossil fuels.
Developing ways to improve the efficiency of the global air traffic control network, which will enable passengers to arrive at their gates sooner and reduce the carbon footprint of commercial air travel.
Air Canada flight AC-1 made an emergency landing in Tokyo, Japan, on August 24th.
The Boeing 777-300 plane was flying from Toronto, Canada, when the crew noticed an engine oil leak and declared an emergency.
The plane continued for a safe landing. All three hundred and sixty-five passengers and fifteen crew members remained unharmed.
American Airlines flight AA-106 made an emergency landing at John F. Kennedy International Airport, New York, on January 7th.
The Boeing 737-800 plane flying from Phoenix, Arizona, was on approach to JFK Airport when the crew declared an emergency due to an issue with the flaps.
The plane landed safely. All one hundred and sixty-six people aboard remained unharmed.
