Should I sue Boeing over the British Airways 777 crash

BA 777.jpgI only ask this because I’m being urged to do so by a firm of London lawyers – “the UK’s leading aviation claimant law firm” apparently. They understand that I was a passenger on BA038, which you’ll recall crashed short of the runway at Heathrow probably due to fuel icing, and they believe I “may have suffered a physical or psychological injury as a result”.

God it’s tempting! But I don’t think I’m going to take up their offer, partly because I’m the sort of tedious individual who tends to think that, in life, stuff happens and you shouldn’t really go around sueing hard-working, talented people who were doing their best but may have got something complex wrong. (A bit like BA038 passenger Francis Charig.) Oh, and partly because I wasn’t actually on BA038.If “the UK’s leading aviation claimant law firm” had done their research they’d have known this of course, since I blogged about it.And if they’d spelled my name correctly then the email version of theirletter would have reached me and I could have posted it online for youto see. But I guess they’re busy people, you know, what with all theaeroplanes crashing and that.

I thought you’d like to hear their arguments for why I should sue though, and how I’d do it.

First it wouldn’t cost me anything as they’d fund it on a contingencybasis and take about one-third of the winnings, sorry, “damages”.

Here’s what they say: “Even if you have not suffered physical injuriesas a result of this incident, but you were understandably shaken at thetime and continue to fear flying, you are entitled to claim damagesfrom Boeing in the US. The benefit of bringing a claim in the US isthat the levels of damages awarded are much higher than in otherjurisdictions, such as the UK. Further, in the UK in the absence of aphysical injury, damages for psychological injury will not be availablein an action against British Airways under the provisions of theMontreal Convention.”

They think they’ll win because: “Our research indicates that Boeingwill be held liable by the US Court because of design defects withinthe aircraft, in particular, the fuel delivery system which appears tohave become impacted with ice.”

So there you have it. Any advice?

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4 Responses to Should I sue Boeing over the British Airways 777 crash

  1. Ihatelawyers October 28, 2009 at 4:00 pm #

    There’s the old line from a song – |let’s kill all the lawyers, kill them tonight”
    Sage advice me thinks. This goes to show how horribly messed up our morals have become. Then again it’s easy money ahhh what the heck GO FOR IT !

  2. Ben Kolbeck October 30, 2009 at 5:16 pm #

    Surely, if you’re suing anyone – shouldn‘t it be roller? Funny story though.

  3. Veronica February 21, 2010 at 6:10 am #

    British Airways are one of the worst when it comes to customer satisfaction. All their “customer relations” employees are highly trained in giving you excellent LIP SERVICE. I would DEFINATELY sue them and not boeing because you would not be saying what you are saying now had you actually been on that plane and had the living shitz scared outta you. Agree to sue them (even though you have no claim as you were not on the plane) or forever shut up about your ordeal, you were lucky and you think it’s ok to be all moral about it? It has nothing to do with being moral, it’s about making sure these big corporations don’t fuk up again by either bankrupting them or making them pay where it hurts, their bottom line!

  4. Kieran Daly (blog owner) February 22, 2010 at 2:18 pm #

    Well Veronica, I´m impressed by your view that one should sue the organisation that has most irritated you in the past rather than the one that would give you the best chance of walking off with the cash. Although I suspect you may struggle to find a lawyer willing to take that on for you.

    I´m slightly less clear how sueing a corporation is likely to make the human engineers it employs devise better solutions to problems they think they understand. And also how bankrupting the most experienced players in a difficult, safety-critical endeavour will make the world a safer place.

    But I do sympathise, it is so much easier to think of the world in terms of “big corporations” that you can financially punish. Saves any mental effort on your part.

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