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Flight SQ321: Singapore Airlines in damage control - 

Via the Oz:

Singapore Airlines’ five figure offer to passengers injured on flight SQ321

By ROBYN IRONSIDE

Singapore Airlines has offered compensation of more than $15,000 for passengers who suffered minor injuries on flight SQ321, and an initial payment of $37,875 to those were seriously hurt during severe turbulence.

One man died as a result of the incident which saw scores of passengers and crew flung into the roof of the Boeing 777-300ER when it struck turbulence en route from London to Singapore on May 21.

The flight then diverted to Bangkok to seek medical treatment for 79 injured passengers and six injured crew, out of a total of 229 people on board.

They included 56 Australians, 13 of whom were hospitalised.

Three weeks later, 20 people are still in Thai hospitals receiving medical care for broken bones, head and spinal injuries.

In a statement issued on Tuesday, Singapore Airlines said offers of compensation had been sent out to passengers, including a full fare refund for all concerned.



Those assessed as having minor injures were offered $15,150, and those requiring long term medical care were offered an advance payment of $37,875 to cover their immediate needs.

“This will be part of the final compensation these passengers receive,” said the statement.

Singapore Airlines noted that as well as covering the medical expenses of the injured passengers, it had arranged for family members and loved ones to fly to Bangkok where requested.

Although the sums appeared significant, lawyers suggested it would be prudent for passengers to seek legal advice given the Montreal Convention allowed for significantly more compensation.

John Dawson of Vector Legal said the first tier of the convention permitted compensation of up to $257,000 for passengers who were physically injured on airline flights.

The second tier allowed for unlimited damages, providing the carrier could not prove it was not negligent.

Mr Dawson said in the case of SQ321 if the seatbelt sign was up, there may be a defence for Singapore Airlines.

“The damages are meant to be compensatory, that is it’s supposed to reimburse the passengers for injuries and losses they have suffered,” said Mr Dawson.

“There is no compensation for psychological distress or harm.”



Director of Carter Capner Law, Peter Carter, said the payments being offered by Singapore Airlines were from the carrier’s insurer and their objective was to minimise the total compensation bill.

He said the offer of $37,875 for seriously injured passengers to cover interim expenses was a “good move” but he doubted there was anyone on board who did not suffer an injury in one way or another.

“The insurer should clarify if the $15,150 offer covers all passengers including those who endured the terror of the moment but were fortunate to escape physical injury,” said Mr Carter.

“All passengers should seek legal advice before signing anything with the airline. Those with any sort of injury should exercise extreme care and should be evaluated by their own medical specialists to determine how this accident might still affect them.”

He said it was Carter Capner’s “working theory” that the turbulence could have been avoided and “therefore some fault lies with Singapore Airlines”.

“Our team, which includes very experienced airline captains, believes there is evidence to suggest that the aircraft flew through the top of a thunderstorm or in proximity to one as it passed over an area notorious for thunderstorm activity in the Inter Tropical Convergence Zone,” Mr Carter said.

A preliminary report on the incident said the aircraft was “likely flying over an area of developing convective activity” when vibrations were felt.

The report said the pilots called out that the seatbelt sign had been switched on about 8 seconds before a violent upward movement followed by a dramatic drop within 4.6 seconds.

Plus, Nick's back..

Singapore Airlines offer of compensation to passengers 'insulting', former senator says

By Joshua Boscaini and Evelyn Leckie


Former senator and lawyer Nick Xenophon and Singapore Airlines passenger Keith Davis say the Singapore Airlines compensation offer is not enough.(ABC News: James Wakelin)

• In short: Former senator Nick Xenophon says compensation offers recently made to injured Singapore Airlines passengers are "mean" and "miserable."
  
• Injured passenger Keith Davis whose wife suffered a spinal injury said the "insulting" offer has added more distress to his wife.
  
• What's next? An aviation lawyer has warned passengers to seek legal advice before accepting any offers.
  

A former federal South Australian senator representing customers of a Singapore Airlines flight that hit severe turbulence says compensation offers made to passengers on the flight is "mean and miserable".

Flight SQ321 carrying 211 passengers and 18 crew from London to Singapore encountered severe turbulence on May 21 while flying over Myanmar.

The turbulence flung passengers and crew around the cabin and some into the ceiling, causing spinal cord, brain and skull injuries.


The interior of Singapore Airlines flight SG321 after an emergency landing was made in Bangkok.(Reuters)

Singapore Airlines has offered $US10,000 ($15,150) in compensation to passengers who suffered minor injuries during the incident.

It's also invited passengers with serious injuries to discuss a compensation offer with the airline.


"Passengers medically assessed as having sustained serious injuries, requiring long-term medical care, and requesting financial assistance are offered an advance payment of $US25,000 to address their immediate needs," the airline said in a statement.

"This will be part of the final compensation that these passengers will receive."

Offers 'fall short of international law'

Former senator and lawyer Nick Xenophon said the compensation offer from the airline falls short of its obligations under international law.

"The Montreal Convention which governs these incidents in the air – is very clear about what the caps are and what the damages ought to be," Mr Xenophon said.

"It's very clear here that at the very least a seriously injured person should be offered first up – $US175,000 without any questions or liabilities being taken into account."

Adelaide man Keith Davis whose wife Kerry Jordan suffered a spinal injury on the flight when she was thrown into the luggage doors and landed in the aisle said he learnt about the offers through a Facebook statement.

Mr Davis said the offer has added further distress to his wife.

"It is beyond belief — beyond insulting — it is an absolute joke — it’s not even worth discussing," Mr Davis said.


Adelaide man Keith Davis was also injured on the Singapore Airlines flight while his wife Kerry Jordan suffered a spinal injury. (Photo: Yvan Cohen)

"I don’t know what [the offer] would cover – it doesn’t cover anything."

The Adelaide man said his wife has recently been in a stable condition but has suffered a life-changing condition as a result of the incident.

"We are just hopeful for small gains, her mobility is restricted to her arms, neck and shoulders."


Keith Davis says his wife Kerry Jordan has restricted movement to her arms, neck and shoulder.(Supplied)

Aviation lawyer warns passengers against 'signing away their rights'

Aviation lawyer Peter Carter told the ABC passengers who were impacted on the flight should seek expert legal advice before accepting any compensation offers from the airline.

"Be careful what you sign is my advice, get legal advice from someone experienced in this area," Mr Carter said.


Aviation lawyer Peter Carter warned injured passengers to not "sign their rights away".(Supplied: Peter Carter)

"People might think that they'll get over what they've suffered but experience tells me that medical [professionals] need to evaluate these types of injuries so they know what they might face in the future."

The lawyer noted that the $US25,000 offer for serious injuries — was just an advance — but those passengers with minor injuries should remember they'll be signing their rights away if they accept the $US10,000 offer.

"The people who sign up for the $10,000 offer are locked out, that's the intention of it," the lawyer said.

"The insurer wants to get people out of the $200,000 damages column into the $10,000 damages column to minimise their overall payout," Mr Carter said.

MTF...P2