The Montreal Convention 1999 (MC99) is an international treat that establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo. It unifies all of the different international treaty regimes covering airline liability that had developed haphazardly since 1929. MC99 is designed to be a single, universal treaty to govern airline liability around the world.
Our firm Asia Pacific Claims Management has been assisting passengers (and/or their estates in the case of fatalities) in the management of claims (particularly in the Asia pacific region) in the aviation sector since 1992.
In the case of Singapore Airlines flight 321, we have been appointed by the US Law firm of Wisner Law (based in Chicago) who are working with the Keystone Law firm (based in the UK) in representing clients in this case. Wisner Law is one of the leading firms in the world representing passengers in aviation litigation with over two decades of experience in aviation litigation. They will be the lead firm in this action.
Our firm is independent of these laws firms and we are directly compensated for our work by those law firms at no cost to their clients or potential clients. We are available to meet with passengers or their representatives to answer any questions about the process of making a claim pursuant to The Montreal Convention 1999 (MC99).
Please feel free to make contact for a no obligation consultation.
On May 20, 2024, Singapore Air flight SQ 321, enroute from London to Singapore, flew into severe turbulence over Myanmar and plummeted 6,000 feet, catapulting passengers into the ceiling and about the aircraft and causing sheer terror. One passenger died of an apparent heart attack and scores sustained serious injuries, including spinal injuries and broken bones. The aircraft was diverted to Bangkok where many passengers remain hospitalized in the intensive care unit.
Contrary to the beliefs of some, turbulence is not a phenomenon which unexpectedly occurs. Rather, it is part of a weather system which should be detected and avoided. The area where this incident occurred is renowned as one of the worst areas for turbulence in the world.
All of the SQ 321 passengers are entitled to fair compensation for their physical and accompanying psychological injuries arising from this turbulence encounter. An action against the air carrier, Singapore Airline, will be governed by the Montreal Convention, an international treaty which governs claims against air carriers arising from injuries sustained during an international flight.
The Montreal Convention provides that the air carrier is strictly liable for damages up to 128, 821 Special Drawing Rights, an international monetary fund approximately equal to a current value of $175,000. The carrier is responsible for the payment of additional damages unless it can prove that its negligence did not cause the passenger’s injuries.
Singapore Airline should not be able to meet this strict burden of proof and should be responsible for the full measure of a passenger’s damages, including past and future medical bills and lost wages, disability, disfigurement and mental pain and anguish. The Montreal Convention provides that no payment will be owed for purely psychological injuries, but this provision does not apply where, as in this occurrence, the passenger’s psychological injuries are accompanied by physical injuries. Every passenger on board SQ 321 experienced some physical injury, even if from the pressure of a seat belt, in addition to the sheer terror of the sudden 6,000 foot descent.
We have been engaged by the Wisner Law Firm, an international aviation law firm which has successfully represented passengers and their families in almost every major air disaster over the past 30 years, including many Montreal Convention claims.
This same team represented passengers of Qantas flight 72 which made two uncommanded dives towards the ocean on a 2008 flight from Singapore to Perth.
Wisner currently is representing passengers of Hawaii Air flight HA 35 who sustained injuries when the airline flew into turbulence during a December 2022 flight. SQ 321 passengers who wish to join in an action against Singapore Air or other potentially responsible parties may contact Barry O’Sullivan (+61 417 892 040) or Kylie Meller (+61 422 860 610) of Asia Pacific Claims Management. We are contactable via WhatsApp.