http://news.msn.com/us/us-law-firm-plans-to-bring-suit-against-boeing-malaysia-airlines Why am I not surprised?
The airline is a "common carrier." It's a strict liability industry. The passengers will "win." Really, they will settle it out of court with the airline's insurance company. I'm sure there is already case law regarding how much each family will get. The suit against Boeing is very premature. Without an aircraft recovered, they can't even begin to prove that Boeing's aircraft was remotely responsible for the crash. And even if they had evidence that the crash was caused by a mechanical failure, Boeing has a strong defense if they simply point back to the airline and say "this wasn't maintained properly." The families will get paid, and I'm not too upset by that. Airlines carry insurance for situations precisely like this.
My father, an aviation engineer, served as an expert witness in many airplane crash suits. It is standard practice to take the shotgun approach and sue everybody. Even when the manufacturer is absolutely not culpable, it is generally cheaper for them to settle than to go to trial. Thank you lawyers.
[sarcasm]Yeah f the small guy. He shoulda known what he was getti into getting on a plane. [/sarcasm]
The small guy seldom wins where lawyers are involved. On an individual basis some may receive a substantial settlement. The overall affect of frivolous lawsuits is to increase everyday costs for the common man. There was a time when anyone with sufficient desire could own and fly a plane. General aviation is now pretty much in free fall.
Not saying it isn't needed, but how is Tort reform in the US going to affect lawsuits in Malaysia. Were there even any US citizens on the plane? How would non-US citizens flying on a Malaysian carrier be able to sue in US court. The only US link is Boeing, so maybe that's why these POS's are including them
As I said, it is standard practice in aviation lawsuits to sue anybody who so much as ever laid a finger on the aircraft. Boeing has deep pockets and is an attractive target.
