A leading US-based aviation attorney is concerned with “misleading” reports in Australian media that passengers suffering “physical and mental injuries” on a recent QANTAS flight from Melbourne to Hong Kong can obtain financial compensation from the airline…
Floyd Wisner, principal of Wisner Law firm in Chicago says passengers flying on QANTAS flight 29 from Melbourne to Hong Kong on April 7 that suffered psychological injuries when the Boeing747 underwent a serious “stick shaker” or stall warning resulting in severe vibration and turbulence, can make a claim but not against QANTAS.
“QANTAS’s liability is limited to minimal compensation for passengers that suffered only physical – not mental – injuries under an international treaty known as the Montreal Convention.
“However most passengers on the flight likely suffered trauma and psychological injuries, which can result in ongoing medical costs, and they should be aware that the convention does not apply to the liability of other parties, such as the aircraft manufacturer, in this case, Boeing.”
He said that in the event this stall warning and resulting severe vibration and turbulence was caused by a defect in the aircraft or a component, the passengers may obtain fair compensation from Boeing and component manufacturers
Mr. Wisner has decades of experience in aviation law and represented over 100 passengers and crew of Qantas flight 72 who suffered psychological injuries when that aircraft went into two separate uncommanded dives, as a result of a flight control computer malfunction, during a flight from Singapore to Perth on October 7, 2008.
Wisner Law Firm obtained compensation for its QF 72 clients from the aircraft manufacturer, Airbus, and a component manufacturer.
The company also represented passengers and crew who suffered physical and psychological injuries in several occurrences involving crash landings, in-flight upsets and engine fires on the ground, including British Air flight 038, LOT flight 016, British Air flight 762, British Air flight 2276.
Wisner Law will update passengers on any legal recourse available to them, on its website – www.wisner-law.com.
