April 1-15, 2019
It is a matter of great relief that the independent inquiry commission that investigated the recent crash of the Ethiopian Airlines, has put the blame on the malfunctioning of the software that controlled the operations of the aircraft while airborne. The reports that appeared in certain sections of the US media, which contained innuendos against the Ethiopian Airlines, such as lack of training facilities for the pilots and their experience in flying the aircraft, have been found just imaginations or carefully orchestrated defense. The Ethiopian airlines can continue confidently with its ambitious goal of becoming one of the best airlines in the world pecking order.
The Boeing 737 Max plane crash, the second in the series-the first crash took place in Indonesia shortly before the present crash- has opened up many complex legal issues, which should be resolved without much loss of time. Foremost is the case of damages to the unfortunate victims of the aircraft crash, who are from various nationalities but predominantly from various African countries. The second is who would pay the compensation, whether the airline or aircraft manufacturer or both.
It is important to visit the norms of tortious liability in this regard, which to put in simpler terms, would mean that if a damage is caused due to the negligence of an entity and in this case Boeing, the entity is liable to pay damages to the people affected by that. It is clearly spelt out that the software of the ill-fated aircraft was not functioning. Boeing, which has a standing in the field, should have checked every system before handing over the aircraft to the airline company. Now the glitches of the software was seemingly proved, systemic failure established. Therefore, the liability of the manufacturer should be a foregone conclusion.
Yet there are legal issues to be tackled including the jurisdiction of the case. There can be arguments that the jurisdiction of the case is in Ethiopia since the accident had taken place there. But more valid argument is that aircraft is manufactured in the US and the case should be heard in the US only according to US rules and precedents. It may be kept in mind that Law of Torts is least developed in Africa or for that matter in any of the developing country, whereas class actions are very common in the US. There are a number of decided cases that can lend precedence in deciding this particular case, which is perhaps, the first of its kind. Already, to the best of our knowledge, a class action suit is filed in this regard by a Rwandan national in the US court. It is a case involving a lot of expertise, arguments and resources. Instead of leaving it to the private citizens to fight the case, Ethiopian airlines and the governments in Africa should pursue the case. Perhaps, that is the best tribute that can be paid to the unfortunate victims.
