Passengers with spinal and brain injuries could seek “eight-figure” payouts, a lawyer says, as the extent of the harm following the Singapore Airlines flight that encountered extreme turbulence this week becomes clearer.
Prior payouts for similarly severe injuries escalated “easily into seven and sometimes eight-figure (US dollar) claims”, said Peter Neenan, a parter specialising in aviation litigation at the London-based law firm Stewarts.
Several dozen people suffered traumatic, and potentially life-changing, injuries, doctors in Bangkok revealed on Thursday.
Twenty-two patients are being treated for spinal and spinal cord injuries, the head of Samitivej Srinakarin Hospital told a briefing. Some patients, he said, showed signs of paralysis but it was not clear whether it would be permanent.
Another six are being treated for skull and brain trauma. A 73-year-old Briton died of a suspected heart attack.
The 229 crew and passengers on board Flight SQ321 were violently shaken by “sudden and extreme turbulence” over Myanmar as the Boeing 777-300ER was en route from London to Singapore, forcing the jet to make an emergency landing at Suvarnabhumi Airport in Bangkok on Tuesday afternoon.
Under the Montreal Convention, which governs aviation rights and compensation for international flights from death and injury to passengers after an accident, Singapore Airlines is liable for up to US$170,000 per person.
However, there can be scope for larger damages.
The level of compensation could only be set based on the outcome of an ongoing investigation into the flight, which could take years, Neenan said.
Legal arguments would necessarily scrutinise aspects including the planning of the flight, the degree and amount of weather information obtained and the actions of passengers and crew during, and in the moments before, the turbulent episode.
They may also take into account whether passengers were wearing their seatbelts at the time or not.
As of Friday, 48 people remained in three hospitals in Bangkok.
Singapore Airlines has already made some changes to its procedures as a result of this week’s incident.
Inflight meal services will now be halted when the seatbelt sign is switched on, in addition to the suspension of hot drinks, the airline said in a statement. Crew members will also return to their seats and strap themselves in.