Law firms weigh taking Air India to court in US, UK

Time of India

12 hours ago

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Mumbai: Two international law firms are in discussions with families of victims of the June 12 Air India plane crash for filing potential lawsuits in the US or the UK against the airline to claim legal rights under existing international laws. These lawsuits would be independent of additional steps Tata Sons may be taking to compensate these families including financially.The attorney group comprises UK-based Keystone Law and US-domiciled Wisner Law Firm."Our international legal group has been discussing this for the past week with the families of the UK crash victims; it is an important part of the aftermath of AI 171," said James Healy-Pratt, partner at Keystone Law and part of the firm's investigation group. "We are looking carefully at the evidence, as well as considering whether to file legal proceedings in the US courts against Boeing, together with similar proceedings against Air India in the High Court in London."He said Article 33 of the Montreal Convention allows families to pursue claims in jurisdictions like the US or UK if the airline has operations there or if the victims have ties to those countries.Also, Articles 17 and 21 of the Montreal Convention provide for unlimited liability in case of passenger death or injury, according to the law firm."The team is also reviewing Air India's insurer Tata AIG's early settlement offers (to the families of victims) and the airline's obligation under international law to make advance payments to next of kin," Healy-Pratt said.The group is conducting a technical probe of the crash of Air India's Boeing 787 Dreamliner plane in Ahmedabad and will file lawsuits at a suitable time on behalf of the affected families.Keystone's legal efforts are being led by aviation specialists James Healy-Pratt and Owen Hanna, working in association with Chicago-based Wisner Law Firm. The US firm, an aviation litigation specialist, is also advising clients in the Air India Express crash of August 2020.Air India and Boeing together have about $4 billion in aviation insurance coverage, including a $1.5 billion policy of Air India for such tragedies. This coverage may be used to settle court-ordered payments in the UK or US.For some families, this could mean suing Air India in the London High Court for unlimited liability and full compensation under English law. Others may file cases in the US federal court in Virginia against Boeing, based on evidence gathered, also seeking full compensation and unlimited liability under US law.Ajay Khatalawala, managing partner at Little & Co, said the key advantage of any litigation in the US or UK lies in the broader compensation scope and legal processes. "These jurisdictions offer extensive discovery, expert testimonies, and, in the US, jury trials-which can lead to higher damages," he noted.Courts in these countries are also seen as more plaintiff-friendly, especially in cases involving manufacturer fault or gross negligence. However, experts caution that jurisdictional issues could delay proceedings, particularly when multiple defendants or cross-border elements are involved. "If any deceased passengers were permanent US residents, the likelihood of a successful US jurisdiction claim increases," said Satyendra Shrivastava, co-founding partner at Consortia Legal. "It's unclear, though, if UK and Canadian nationals on the flight had such status."Indian courts may resolve jurisdictional matters faster when an airline has operations in the country or the passengers were Indian nationals, although overall case disposal is slower.Meanwhile, Tata Sons is setting up a '500 crore trust to support families of the 241 people killed on board the aircraft and 34 on the ground due to the accident.