AI-171 Crash: US Lawyer Cites Product Liability, Montreal Convention For Victims’ Legal Options
Mike Andrew, the lawyer representing the family of a victim in the recent Ahmedabad plane crash, has outlined potential legal avenues depending on the findings of the flight data recorder and cockpit voice recorder.
He emphasised that if the crash is linked to a defect in the aircraft, such as issues with the FADEC (Full Authority Digital Engine Control) system or the throttle control, a product liability claim could be filed in the United States. Alternatively, if Air India is held responsible, claims would likely fall under the Montreal Convention.
“Potential legal options will depend on what the flight data recorder and the cockpit voice recorder reveal in terms of what happened here. Suppose the flight data recorder and cockpit voice recorder indicate that there is a defect with the aircraft, for example with the with the FADEC system or the throttle control malfunctioning, in that case the options are to bring a defective product or a product liability claim in the United States for those claims. If it’s an Air India claim, then those would most likely fall under the Montreal Convention,” he said.
Mike Andrew highlighted the importance of aviation and product safety, stressing that the public deserves safe transportation.
“Aviation safety, product safety, matters to everyone. Whether you are a member of the flying public on an aero plane or, as some of the victims in this case, on the ground, in the building. As a whole, the public deserves safe products. We need to be able to count on transportation to be safe. And so, part of what product liability attorneys like myself do is to fight for improvements in products as we go forward,” he said.
“The FDR is digital data, and it contains the record of what the computers were doing, what the engines were doing, what inputs were being commanded into the software. And so in order for everyone to understand what happened here, we need that complete, unbiased, accurate record,” he added.
He noted the advantages of pursuing legal action in the U.S., where individuals can hold multinational corporations accountable, stating, “There are many advantages to filing cases in the United States. Our legal system is such that, in the U.S., one person can stand on a level playing field with a multinational corporation and ask for accountability, ask for answers, and ask to hold that corporation or company accountable for what they’ve done. And so, we feel it’s important, because the plane, in this case, was manufactured in the United States, that the families, the victims, have a voice in those claims in the U.S.”
Additionally, he cautioned against premature blame on the pilots, citing a 2019 incident involving a similar throttle control issue, and urged for the release of critical data to ascertain the cause of the crash.
“This plane is equipped with a throttle control malfunctioning system. In other words, if the plane thinks the throttle is malfunctioning, it can turn the fuel back. It can cut power to the engines. We know there was at least one other incident in 2019, the All Nippon case, in which a 787 coming in on landing suffered an engine failure, both engines, but the plane was able to land. That’s interesting. In that case, despite both engines suffering a power failure and the computer dialling it back, a significant distinction remains: those pilots were not blamed because they are still alive. In this case, we believe it is highly speculative and a rush to judgment to blame the pilots, who cannot speak for themselves. We just don’t know what happened. And that makes the release of the data that much more important,” he said.
Mike Andrew advocated for respect and transparency for families. He said transparency is essential to accountability, finding answers, and identifying responsible parties. “The families deserve respect and transparency, knowing exactly what happened. Only with transparency can you hope to achieve accountability, find the answers, determine who is responsible, and seek accountability. And you’re fighting for them.”
Mike Andrew specializes in aviation litigation and has earned recognition as one of the Top 10 Aviation Attorneys by the National Trial Lawyers Association. (ANI)
