Lawsuit Filed Over Air India Crash
New York — Families of four passengers who lost their lives in the tragic Air India Boeing 787 crash on June 12 have initiated legal action, claiming that faulty fuel switches played a role in the disaster. This incident resulted in the loss of 260 lives, although the US Federal Aviation Administration (FAA) has stated that these switches do not appear to be the cause of the accident.
Details of the Lawsuit
On Tuesday, a lawsuit was submitted to the Delaware Superior Court, targeting both Boeing and Honeywell, the manufacturers of the fuel switches. The crash occurred mere moments after Flight 171 took off from Ahmedabad, heading to London.
The plaintiffs reference a 2018 FAA advisory that, while not mandatory, recommended inspections of the fuel cut-off switches’ locking mechanisms for various Boeing models, including the 787. This was meant to prevent accidental alterations.
Investigation Findings
The preliminary report from India’s Aircraft Accident Investigation Bureau (AAIB) indicated that Air India had not performed the recommended inspections. Maintenance records also revealed that the throttle control module, encompassing the fuel switches, was replaced in 2019 and again in 2023 for the aircraft involved in the crash.
According to the report, “all applicable airworthiness directives and alert service bulletins were complied with on the aircraft as well as engines.”
Reactions from Boeing and Honeywell
Neither Boeing nor Honeywell has publicly commented on the lawsuit. A cockpit recording revealed a conversation between the jet’s pilots, suggesting the captain stopped the fuel flow to the engines, as reported by Reuters.
The lawsuit further asserts that the cockpit’s design puts the fuel switches in a position where they could be accidentally activated, stating that this setup “effectively guaranteed that normal cockpit activity could lead to inadvertent fuel cut-off.” However, aviation safety experts have indicated that these switches cannot be easily flipped due to their design and location.
Context of the Lawsuit
This lawsuit marks the first legal action in the US concerning this accident. The plaintiffs are seeking unspecified damages for the deaths of Kantaben Dhirubhai Paghadal, Naavya Chirag Paghadal, Kuberbhai Patel, and Babiben Patel, who were among the 229 passengers who died. Additionally, 12 crew members and 19 ground personnel also lost their lives, while one passenger survived. The plaintiffs reside in either India or Britain.
Investigative Reports and Family Reactions
Initial findings from Indian investigators seemed to clear Boeing and engine manufacturer GE Aerospace of responsibility. Nonetheless, some family advocacy groups have criticized the investigative focus, stating that there was too much concentration on the actions of the pilots.
Legal experts note that while most aviation accidents result from a combination of causes, attorneys for victims’ families often focus on manufacturers. This is primarily because manufacturers do not have the same liability limits faced by airlines, making it easier to pursue claims against them. Additionally, US courts are generally perceived as more favorable to plaintiffs compared to foreign courts.
The case is officially titled Paghadal et al v Boeing Co et al, in the Delaware Superior Court, No N25C-09-145.
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