A recent fatal aviation incident at Tokyo’s Haneda airport has raised serious questions within the sector and has significant implications for the potential compensation for victims. On January 2, a Japan Airlines passenger flight collided with a Coast Guard aircraft, causing the passenger jet to go up in flames. Tragically, five of six crew members on the Coast Guard flight lost their lives, while all 379 passengers on board the Japan Airlines flight managed to escape the fire.
Aviation lawyer of 34 years, Steven Marks of Podhurst Orseck, stated that such an incident – a runway incursion – is extremely surprising, given the multitude of backup systems in place which are designed specifically to prevent such an occurrence. He went on to say, “it’s really surprising in this environment and today’s world that there could possibly have been such an accident.”
Recovery for victims’ families and stakeholders of this incident is a complex issue tangled in an international web of aviation law, airline policies, and insurance provisions. Marks explains that there are first and foremost, two jurisdictions at play – the location of the accident, and the country where the airline is headquartered. Further, airlines are bound by the Montreal Convention, an international treaty, to compensate victims of accidents. However, the exact amount can vary, with amounts exceeding $169,000 (as outlined in the treaty) subject to proof of damages. Understanding the intricate dynamics of this incident is crucial for legal professionals who represent victims’ families, airlines, insurers, and governments.