In a media statement, Reback Law Firm in Chicago, Illinois confirmed that on July 5, 20 14, 14 filed a lawsuit on behalf of 83 passengers from the United States, China and South Korea in Cook County Circuit Court, Illinois. As the manufacturer of passenger planes, Boeing, headquartered in Chicago, was listed as the "first defendant" in this complaint. According to an indictment provided by Rebeck, about 30 customers of China passengers or underage passengers filed lawsuits.
Regarding the reasons for suing Boeing, Rybeck said that the official preliminary investigation showed that the failure of the automatic throttle assembly may be one of the reasons for the air crash. At the same time, it is reported that several landing gears of the passenger plane were damaged in the passenger plane, which caused passengers to be injured and hindered evacuation. In addition, there are hidden dangers in the design of passenger seat belts, which may aggravate the injuries of passengers. When the rescuers arrive, they should give the knife to the flight attendant in the crashed passenger plane and cut off the seat belt. Rebeck's lawyer, Monica Kelly, said that the judge will be asked to order the defendant to provide all the reports of the design and manufacturer of the automatic throttle of the crashed passenger plane, and to obtain the reports of the design and manufacturer of the emergency escape slide of the passenger plane, as well as the design and manufacturer's production documents of the glide slope indication system and the ground proximity alarm system of the passenger plane.
Subsequent litigation
Rebeck said that in addition to Boeing, they intend to file a compensation lawsuit against Asiana Airlines and the aircraft parts manufacturer who may be responsible for the accident. Kelly said that she intends to "bring all responsible parties into the judicial process without exception" ... and will look for the cause of the crash and ask airlines and aircraft manufacturers to quickly solve hidden dangers to prevent similar tragedies from happening again in the future.
The fact that Rebeck first filed a compensation lawsuit against Boeing does not mean that the main responsible party of the accident was identified. The survey results released by national transportation safety board in the United States show that the flying height and speed of the passenger plane are too low when landing, which makes the focus point to but is not sure that the pilot of the passenger plane operated it. However, the investigation shows that the automatic throttle system was turned on at that time, but it is uncertain whether it broke down or was in "idle mode" for unknown reasons before the plane crash.
According to American law, many parties responsible for the air crash need to make compensation. Suppose it is finally confirmed that the airline bears 99% of the responsibility and the passenger aircraft manufacturer bears 1% of the responsibility, both of which need compensation. The lawyer believes that there is a difference between legal proceedings and investigations by official institutions. Official investigation will not clearly identify the fault or responsibility, that is, "who made the mistake", and legal proceedings are the key to identify the defendant's responsibility and seek compensation. She said that the law firm will conduct an "independent evidence investigation" to confirm "the fault of each party responsible for this tragedy" and conduct litigation according to the evidence independently held by it.
Kelly said that she intends to seek compensation of $3 million to $5 million from multiple potential responsible parties for each passenger. The specific compensation process is affected by many factors, including the treatment of injured passengers. She believes that the winning rate of Asiana Airlines air crash claim lawsuit is quite high, because passengers are "100%" not responsible for the accident. In fact, many passengers on the crashed flight sought compensation in their own way. The family of a South Korean passenger sued Asiana Airlines in the US federal court, demanding compensation of $5 million.
Gao Song, a lawyer in China, said that airlines should bear "no-fault liability" for air crash claims, that is, they must provide compensation to the passengers of the crashed passenger plane. As for the claim lawsuit against Boeing, the judge may need to determine whether the aircraft manufacturer is at fault, and then decide whether to claim. As for the court proceedings in the United States, Gao Song believes that generally speaking, such cases may last for a long time if they go through normal procedures, but it does not rule out the possibility of reaching a mediation plan in a short time. The Montreal Convention, an international document, stipulates that passengers on international flights can choose the litigation place according to their place of residence, final destination, ticketing place, location of air carrier and main business place of air carrier. Many legal professionals have concluded that if the passengers of Asiana Airlines Flight 2 14 file a claim lawsuit, the amount of compensation may vary greatly depending on the location of the court, and the compensation for filing a lawsuit in Asia may be much less than that in the United States. Gao Song thinks that China passengers can file a lawsuit in the US court. In the case of litigation in the United States, he suggested that China passengers need to choose a law firm with certain ability and experience. At the same time, because most people in China are not familiar with American laws, they need to fully communicate with American lawyers to understand all aspects of the case. In addition, it is necessary to cooperate with American lawyers to collect evidence so as to be targeted in the lawsuit. Protection of the rights of the families of three victims
The families of the three victims of the Asiana air crash, Ye Mengyuan, Wang Linjia and Liu Yijun, have hired "Kriendler &; LLP Law Firm (Kreindler) will be composed of two lawyers Anthony Tarricone, Justin Green and William Niu, another lawyer from China, to defend rights and claim compensation for the three victims in the air crash.
According to Terry Kong's lawyer, in this case, "first, they will investigate what happened at the scene of the accident and who was responsible for the air crash at San Francisco International Airport." He thinks there are some "serious questions" to be answered. Tricon explained that "serious suspicion" refers to Ye Mengyuan's death. In fact, before the autopsy report was published, the coroner had informed Ye Mengyuan's family and lawyer Terry Kong of the results. According to the autopsy report, Ye Mengyuan was alive when he was run over by a fire truck. They said that it is a serious problem why Ye Mengyuan, who was still breathing after the plane crash, was crushed to death by a fire truck that came to rescue him. They are trying to learn about Ye Mengyuan from the fire department, that is, how she survived the plane crash and was run over by a fire truck, but frankly, they still need to know many details.
Regarding the attribution of responsibility for the Asiana air crash, Terry Kong said: There may be more than one party responsible for this accident. Asiana Airlines is definitely one of them. They are learning about the accident from different angles, but now they don't have all the information, so it may be too early to draw a conclusion on the attribution of responsibility. They are also investigating the systems, airlines, captains and other flight attendants on the plane. "
American media released "Asiana air crash monitoring screen"
At the Asiana Airlines crash site, a fireman stood beside Ye Mengyuan's body, covered with white cloth. Surveillance video shows fireman Philip finding Ye Mengyuan lying on the ground. 14 minutes later, the surveillance video shows that Ye Mengyuan has been covered by bubbles. Firefighter helmet monitoring showed that Ye Mengyuan was run over by a No.37 fire truck.
The United States released the Asiana air crash report: Ye Mengyuan died before being crushed by a fire truck.
20 14 65438+2004130, the latest report submitted by San Francisco, USA, shows that Ye Mengyuan, a China student who died in the Asiana Airlines crash, died because the plane ejected from the cabin, rather than being crushed by a fire truck. San Francisco City officials said that national transportation safety board made two reports on this incident, and both reports claimed that no dust, dust or fire foam was found in Ye Mengyuan's trachea or lungs. This means that Ye Mengyuan was dead when the plane crashed.
After the report was published, it was announced that Ye Mengyuan was crushed to death by a fire truck on July 9, 20 13. Faucroft, the head of the San Mateo County Forensic Medicine Office, also said that this conclusion of the San Francisco municipal government was inaccurate. Many television stations in the United States have also shown pictures of accidents, showing Ye Mengyuan lying on the ground, but a fire truck ran over her body, and a few minutes later, another fire truck ran over her. Duckett, a San Francisco firefighter, filed a libel lawsuit against the San Francisco Fire Department in the local court, accusing the fire department officials of revealing his name to the media, saying that he was a firefighter who killed Ye Mengyuan, a girl from China, in the Asiana air crash. He said that this statement is not correct. Duckett pointed out in the lawsuit that he was driving No.37 fire truck, and 10 fire truck was the main responsible party for running over Ye Mengyuan's body.