Why Families of Airplane Crash Should Be Compensated - Research Paper Example

Annotation Bibliography of why families of airplane crash should be compensated. Aigbe, Samuel. A Plane Crash Survivor’s.Miraculous True Story. Bloomington. Balboa Press. 2013. Print. Annotation: Aigbe discusses on the circumstance of the Kenya airways Flight KQ431 plane crash. He narrates of the survivors of the horrible accident that left 169 people dead and only 10 survivors. The author recount the way the 10 survivors fought it out until they were rescued. The book provides an insight in what survivors go through after a plane crash. They suffer severe physical damages that last for years before they can recover. Therefore, the evident of the circumstances surrounding plane crash survivors help us understand that compensation should be paid to survivors as well as the family of the victims of place accidents. Air Crash Litigation. The Liability Environment in which the NTSB Operates. Web. Rand.org. Web. 01 April. 2014. < http://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1122z1/MR1122.1.ch4.pdf>. Annotation: The complexity of compensating victims has challenged legal practitioner and airline manufacturers as well as airline owners. This has resulted to the establishment of an independent body; the NTSB to investigate the causes of air plane crashes to ensure that there is fairness in arbitration and litigation of whom should compensate survivors and victim families. The NTSB is an important body because it carries out investigation into the causes of airline accident so as to lay claims on the right party. Response: The article ensures help us understand the parties involved in the process of litigation and also ensures that all parties understands their role in circumstances of an air crash. This helps prevent lawyers and insurance companies to swindle out or take advantage of the ignorance or lack of knowledge regarding compensations. Allen, Peter. Revealed: Pilot of Air France jet that crashed in Atlantic Ocean killing 228 people had just ONE HOUR sleep before the flight. Web. Dailymail.co.uk. 15 Mar. 2013. Web. 02 April. 2014. < http://www.dailymail.co.uk/news/article-2293750/Pilot-Air-France-plane-crashed-killing-228-people-slept-just-ONE-HOUR-flight.html>. Annotation: Allen reported that the Air France jet crashed in the Atlantic Ocean after the Pilot left the co-pilot to take charge of the Plane. The pilot had excused himself because he had had only an hour of sleep before taking the flight. This demonstrates the high level of negligence that is exposed to innocent lives while travelling to and from their destinations. The article helps us understand one of the causes of plane crash. Pilot negligence and mistakes has claimed the life of many passengers and this is a matter of concern which ought to be addressed. Response: Pilot negligence can be avoided if proper scrutiny and check up is done to pilot before they over a flight. Pilot should be tested for drug influence and ailment that may cause negligence or misconduct. An analysis of McDonnell Douglas’s Ethical Responsibility in the Crash of Turkish Airlines Flight 981. Web. Wordpress.com. Web. 31 Mar. 2014. < http://turkishdc10.files.wordpress.com/2008/01/an-analysis-of-mcdonnell-douglas-crash-74.pdf>. Annotation: The report on the causes of the crash of Turkish Flight 981 reported that the plane experienced door failure while it was on the air. The McDonnell Douglas DC-10 aircraft has a manufacturer failure for fixing the cargo door in a manner that could lead to malefaction and fatality. The Manufacture was to blame for the crash of this aircraft, and full responsibility lies should be borne by the maker. According to this report, the manufacturer failed to assess the qualities of the airplanes gadget and safety for financial gain. Response: This article is important because it provide an analysis of the responsibility that airline and manufacturers have over the life of passengers while aboard planes and other air vehicles such as helicopter and light aircrafts. CBCNews. Air France to give compensation advances to crash victim’s families. Web. Cbc.ca. 19 Jun. 2009. Web. 01 April. 2014. < http://www.cbc.ca/news/world/air-france-to-give-compensation-advances-to-crash-victims-families-1.846368>. Annotation: The families of the victim of air France Flight 447 were paid compensation by the airline insurer. However, the compensation did not satisfy the victim family as they demanded an explanation of the causes that led to the disappearance of the Flight 447 from the radar. Compensation, therefore, is part of the process of showing gratitude of the loss the families got into after their loved one dies as a result of air crash. It is argued that such occurrence should not happen, but when they do happen somebody has to take responsibility and that the reason airline are insured. This article provides a case study of how families of the victim of Air France were compensated. In this regard it helps in making an argumentative case for victim compensation. Danko, Mike. Law 360. Compensating the Families of Air France Flight 447. Web. Dankolaw.com. Web. 31 Mar. 2014. < http://www.dankolaw.com/PDFs/Compensating-The-Families-Of-Air-France-Flight-447.pdf>. Annotation: Danko question on how the family members of Air France Flight 447 will be compensated due to the outcome of the causes of the plane crash. Does he wonder what would happen if the cause of the plane crash is never determined? Danko says that because the flight of Air France Flight 447 was an international flight, the passengers were covered under the international treaty referred to as the Montreal Convention. The author of the article describes the role of Montreal Convention and how it is important in covering for the loss of passengers to their families. Response: The process of compensation to the victim should be done immediately it is confirmed that there was no survivor in an airplane crash. This would be less costly for the airline companies and manufacturers rather than waiting until a specific organization is blamed for the causes. However, after investigation is concluded the liability then should rest on the culprit alone. The settlement should be then between insurances and not the victims. Dewsnup, King & Olsen. Aviation and Airplane Accident - Crash Personal Injury and Wrongful Death Attorney, Salt Lake City, Utah. Web. Utahjusticelaw.com. Web. 02 April. 2014. < http://www.utahjusticelaw.com/aviation-accident-attorney-airplane-crash-attorney-airplane-lawyer-airline-crash-law-firm-salt-lake-city-utah-the-lance-firm.html>. Annotation: The aviation industry is growing and over the coming two decades there will be as many private airplane as well commercial air planes. This will increase the frequency of travel and undoubtedly increase the risk of air travel. Response: Increase in the air travel should be coupled with increased compensation as insurance will attack huge pool of resources that are contributed to cover injuries and life of passengers while a board air planes. Therefore, because only a few air plane accidents are experienced victim families should be paid handsomely to the point of covering the total loss caused to families as a result of death and injury of plane passengers. Dhillon, B.S. Transportation Systems Reliability and Safety. New York. Taylor & Francis Group Press. 2011. Print. Annotation: Dhillon says that, in every year, billions of dollars are used in the establishment and maintaining of transportation systems. Moreover, the increased usage of air travel have experienced challenges from air crash and thus questioning the safety of the airplane. Dhillon says that much attention has been enhanced to try and solve the system failures. Response: The priority of the aviation industry should be geared to securing the safety of the airplane and of the passengers on board. This makes it easier for the industry to pay for victims of a crash. The article is helpful because it gives out insight of circumstances that befall air plane in their operations. Johnston, Moira. The last nine minutes: The story of flight 981. New York: William Morrow and Company, Inc. 1976. Annotation: The Turkish Airlines Flight 981. Annotation: Johnson depicts that Flight 981 crash was caused by a technical malfunction of the door. The company had been warned of the defect as Wolleswinkel says that he knew it was a door when he heard the news of the plane crash. The engineers of the plane were to blame for structuring a week white body that had been criticised by Department of Civil Aviation and the RLD. Response: Airplane manufacturer should take responsibility when air crash is caused by a malefaction of part or whole body structure. This would ensure that manufacturers engineer produce quality and efficient air plane. Rabin, Robert & Sugarman, Stephen. The Case for Specially Compensating the Victims of Terrorist Acts: An Assessment. Web. Hofstra.edu. Web. 31 Mar. 2014. < http://law.hofstra.edu/pdf/academics/journals/lawreview/lrv_issues_v35n03_cc3_baker_final.pdf>. Annotation: Rabin and Sugarman say that the current world faces threats of terrorism than in the past’s century. The U.S had the 9/11 attached that left carousal damage to the passengers and crew and to the civilian in the World Trade Centre. The issue of compensation has elicited debate over which policies are best suited for personal injuries compensation. Air plane Passengers are supposed to be compensated regardless of the causes of their injuries while aboard any airplane. Response: The determination of whether to compensate victims of an airplane crash should never lead to disadvantage’ the victim because doing so would amount to exploitation and unlawful act. Sugarman, Stephen. Compensation for Accidental Personal Injury: What Nations Might Learn From Each Other? Pepperdine Law Review. 38.2 (2011): 597-621. Print. Annotation: Sugarman says that the legal systems that oversee the compensation to injuries and damages in an accident, in the U.S are so flawed. He says that people are not compensated, but are rather given awards. Moreover, Sugarman argues that the negotiations are done by lawyer rather than being determined in courts by the Juries. Response: There should be international laws that ought to guide the procedure and valuation of the amount victims are to be compensated. This would help in reducing the disparity in compensation among the victims of different nationality. Sugarman, Stephen. Roles of Government in Compensating Disaster Victims. Web. Berkeley.edu. Web. 01 April. 2014. < http://www.law.berkeley.edu/faculty/sugarmans/Disaster%20losses%20ils%20final.pdf>. Annotation: Sugarman looks at the fundamental circumstances surrounding compensation of victim and survivors of airline disasters. Moreover, he argues for ways that government should be involved in compensations by proving the legal platform for the determination of how and who should pay compensations to victim families. Response: In all circumstances of an airplane crash governments ought to protect its citizen from injuries and damages coming out of any catastrophes. Therefore, in circumstances of airplane crash governments should litigate or offer help in litigation on behalves of its victim. This would ensure that the necessary help is accorded to the affected parties. Swarbrick, Nancy. ‘Air crashes- causes and consequences’. Web. Teara.govt.nz. Web. 31 Mar. 2014. < http://www.teara.govt.nz/en/air-crashes/page-1>. Annotation: according to Swarbrick, airline crashes are as a result of a multiplicity of causes. There are several connected factors that contribute to a crash. The most common causes of the airline crash are pilot’s response to emergencies. Response: The aviation industry should offer frequent training to pilots and co-pilots to ensure that they are always updated to the newest technology in the aviation industry that help in the navigation of airplane and maintenance. Wallace, Gregory. Malaysia Airlines Flight 370: How much will families be paid? Web. Cnn.com. 26 Mar. 2014. Web. 01 April. 2014. < http://money.cnn.com/2014/03/25/news/companies/malaysia-airlines-compensation/>. Annotation: Wallace says that the victim families have suffered so much for the loss of their loved ones. He says that the Malaysian Airline has offered initial compensation for all the passengers and crew. This compensation is for the loss of income that the families depended on the missing passengers. Response: The payment $5000 to Malaysian airline victims should not account to compensation because the amount that ought to be advanced is a thousand fold of $5000. The missing of Malaysian Airline Flight MH 370 has elicited debate of the safety of the air travel. The air travel is considered the safest of all modes of transport, but it is also affected by human error, weather conditions and planes malfunctions. The Flight MH 370 disappearance has provoked anger and disappointed to the family to the point that their life is in a stand point wondering where their loved one are. Plane crash brings a lot of suffering to the victim families and their significant others. The news that their loved one had gone missing without a trace leaves them in jeopardy wondering if they will ever see them alive or they succumbed to a crash. For these reasons, families of the airline crash should be compensated no matter who is to blame for the crash. The vanishing of Malaysian Flight MH 370 has caused misery among the victim’s families. This is not acceptable in the modern world that a plane can disappear with a trace. The parties involved from the manufacturer, Airline authorities and government are all to blame because measures ought to have been established that make easier to trace the location of missing airline when they cannot be detected by radar. It is a concern not only to the victims’ families, but to as all on how to handle such circumstances. The loss of life is always a traumatising event, and people do prepare for the occasion by planning and securing their loved one in case it occurs prematurely. In almost all countries, the life expectancy is always above the age of 50, and any event that leads to death is usually unexpected. Therefore, for these uncertainties airplane manufacturers, airline organization and government insurers against uncertainty in the air travel. Just like it is uncertain to travel by road, the air travel is more uncertain because it leads to fatality when it occurs. There have been local and international laws that have been established to look into the matter related to injuries and death when a plane crashes. This is done to cover the loss which could not have been had the plane reached its destination (Dhillon). According to National Transportation Safety Board (NTSB), the litigation of the plane crash take account different measures and among them the ‘problem cause’ (Air Crash 81). The possible cause weighs heavily in the litigation, but done not solely determine how much or whether they will be compensated. NTSB role is to investigate and make a recommendation avert future occurrence of similar circumstances. The Institute for Civil Justice (ICJ) published studies of airline accidents legal action and reimbursement of the families of the victims. It provided data that is used in the analysis of litigation processes and their outcomes. The compensation issue is a challenge to me and many other people who do not know how it is worth to determine the extent that compensation should cover. Moreover, the causes of airline problem resulting to negligence is perplexing as well as amazing because pilots and co-pilots are trained personnel who can take any challenge coming out of their designated tasks. Such a case should not be a blame of negligence. According to Air Crash (83) juries do not consider negligence as a claim for an airplane crash. The economic loss of the victims ought to be explicit for all concerned party to understand (Swarbrick). Justice involves punishment for the accused if he or she is found guilty of an offence. Therefore, though punishment the authority ensures that a repeat of an offence is minimised as people take the precaution to avoid liability. Consequently, the causes of airplane should be treated as other crime and compensations offered as a way of punishing the accused. When airlines and manufacturer of airplane compensates victims of air crash they ensure that society uphold the highest ethical standard and thus ensure harmony between the protagonists. Work Cited Air Crash Litigation. The Liability Environment in which the NTSB Operates. Web. Rand.org. Web. 01 April. 2014. < http://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1122z1/MR1122.1.ch4.pdf>. Dhillon, B.S. Transportation Systems Reliability and Safety. New York. Taylor & Francis Group Press. 2011. Print. Swarbrick, Nancy. ‘Air crashes- causes and consequences’. Web. Teara.govt.nz. Web. 31 Mar. 2014. < http://www.teara.govt.nz/en/air-crashes/page-1>. Exploratory Essay/mapping the Issue Introduction Airline passengers belong to a variety of classes in the society. However, given that it is costly to travel by air the mode of transport attract a majority of people in the higher class in the social, economic ladder. Therefore, airplane crash claims life of the well up who contribute much toward developing their countries and other foreign countries. The loss that an airplane causes amount is insurmountable. Body Aigbe narrate of the cases of survivors of KQ 431 in West Africa. The plane crash resulted to death and a few survivors. According Aigbe (15), the few passengers who survived the plane crash went through a horrible event with which they still remember to this day. Most of them have never recovered from the trauma that they got from that experience. One of the survivors narrates how he struggled to swim amidst bodies of other passenger who succumbed to the impact of the plane with the water surface. It is difficult to figure out how such survivors can cope with their life again. There body suffered deep cuts while other got their body disfigured and almost all of spent the first year after the crash nursing injuries. Moreover, the survivors lost their job, and they became dependent on their family. These circumstances that put burden to the families of the victim ought to be revisited by the aviation bodies to determine on the course of action. Wallace reports that the Malaysian Airline has paid out $5000 dollars to the victims’ families. Moreover, a family member Siregar has gone to court to sue for the loss of his son who was among the passengers in the ill-fated plane. The case will attract all part involved, but might wait until the investigation are complete. Wallace argues that the initial payment is an assistance to handle travel expenses such as lodging and foods (Wallace). As a result of their effort in searching for information and answers from the Malaysian authorities. He says that insurance claim will be a separation with what that had been advanced to them. The insurers, families and the airline will have to conversation on the next cause of action for the families’ members. Aviation industry faces a challenge of establishing the root cause of an airplane crash. This help in managing the litigation process on whom to pay what and how it should be done. Litigations process also requires evidence that the claimant clearly deserves the litigation over the loss. Moreover, the families need to know what happened to their partners, brothers, and sisters. The explanation of the where about the remains of the passengers when an airplane crashes serve to consol their souls. It is more satisfying and also makes the bereaved to rest knowing that their colleagues have rested in internal peace. Johnson argued that the Turkish Flight 981 was as a result of technical failure of parts of the airplane body. For this reason, the manufacturer was to blame for causing damage and the loss of life of pilots and the crew. Moreover, the plane was a cargo airline and resulted to the loss of goods that belonged to individual and business entities. Therefore, all the inconveniences that resulted from the crash of Flight 981 ought to be considered so as not to let the accident leave some people worse than they were before (Johnson 10). Airplane manufacturers engage in the business of making airplane and ought to produce carriers that will stand the test of time. Nevertheless, any incidence that may arise as a result of manufacturer’s negligence should be borne by him. Almost all cases of the airplane crash have resulted to compensation of victim families, and this is a good trend. However, because human life cannot be compared in monetary terms, the aviation industry and its insurers do cal calculate the economic loss that the passengers have left behind to the family. The majority of passengers are father and mothers who are breadwinners in their families. Therefore, a lawsuit may be advanced to the people responsible for paying for the damages and injuries. According to Sugarman the United States has backward injury laws. He argues that, unlike in New Zealand, the U.S does not pay or cover medical bills for people that are injured while in the aviation industries. He says that people can only be helped for the loss that they experience while travelling by air. Therefore, the U.S government ought to look into the tort laws to include paying for the medical bills which at time are enormous that they take the entire compensation amount. Sugarman says that the U.S can do better. The extent of injuries and suffering is what that should drive the determination of the amount of money that an injured person might get to offset his charges that come with bills, dependency and the cost of caregivers. Sugarman also says that countries do have different cultural and political ideologies and for this reason they differ in experiences of accident pattern. Countries that have a high rate of airline accident such as the U.S have a variety of compensation scheme. These are all geared to remedy for harm resulting from air travel. The income level of victims is a determinant of how much that should be paid as compensation. Sugarman argues that it is prudent to pay a rich victim high amount of compensation over a poor victim. The damage caused to the rich is not comparable to that of a poor man (Sugarman 609). The aviation laws cover both the commercial carriers as well as private airplanes and it is for this reason that the airline passengers deserve better treatment in the event of an accident. Dewsnup argues that in the occurrence of a fatality there need legal measures to hold the parties responsible may it be engineers, maintenance crew or operational departments. The claims for airplane crash are based on the theories of manufactured goods liability and negligence. The owner of the plane is entitled to keep his product in the safest condition to avoid running into liability. Moreover, people lives are entrusted to the airline industry when pay for travel. It is imperative, therefore, to consider using of the experienced work forces that can ensure that passengers care is guaranteed. However, in circumstances of their negligence passengers ought to look after when injured of their families remedied for the loss of one of their own (Dewsnup). Married couple share not only responsibility, but also consortium. Therefore, the loss of a partner while leaving the other leaves him in distress for lack of companionships. Moreover, past and future pain, as a result of air crash makes justifiable reason for litigation against culprits of air disasters. Though there are circumstances that the forces of nature such as bad weather interferes with the safety of the plane while on air, the environmentalist and weather forecasters advice on the safest time and place for airplane path. Therefore, all failures that result to a crash have persons or organization to blame (Dewsnup). Conclusion Therefore, there should be none of the debate that argues against passengers and victims compensation. All economic loss and other related losses ought to be paid to the respective party to cushion them from difficulties arising from lack of supports from the injured or the diseased (Sugarman). Airline business is a profit making organization, and it ought to pay air crash families victim. They should not be allowed to take away life and get away with it for a reason of maximising profits (Rabin). Work Cited Wallace, Gregory. Malaysia Airlines Flight 370: How much will families be paid? Web. Cnn.com. 26 Mar. 2014. Web. 01 April. 2014. < http://money.cnn.com/2014/03/25/news/companies/malaysia-airlines-compensation/>. Sugarman, Stephen. Roles of Government in Compensating Disaster Victims. Web. Berkeley.edu. Web. 01 April. 2014. < http://www.law.berkeley.edu/faculty/sugarmans/Disaster%20losses%20ils%20final.pdf>. Sugarman, Stephen. Compensation for Accidental Personal Injury: What Nations Might Learn From Each Other? Pepperdine Law Review. 38.2 (2011): 597-621. Print. Rabin, Robert & Sugarman, Stephen. The Case for Specially Compensating the Victims of Terrorist Acts: An Assessment. Web. Hofstra.edu. Web. 31 Mar. 2014. < http://law.hofstra.edu/pdf/academics/journals/lawreview/lrv_issues_v35n03_cc3_baker_final.pdf>. Johnston, Moira. The last nine minutes: The story of flight 981. New York: William Morrow and Company, Inc. 1976. Annotation: The Turkish Airlines Flight 981. Dewsnup, King & Olsen. Aviation and Airplane Accident - Crash Personal Injury and Wrongful Death Attorney, Salt Lake City, Utah. Web. Utahjusticelaw.com. Web. 02 April. 2014. < http://www.utahjusticelaw.com/aviation-accident-attorney-airplane-crash-attorney-airplane-lawyer-airline-crash-law-firm-salt-lake-city-utah-the-lance-firm.html>. Danko, Mike. Law 360. Compensating the Families of Air France Flight 447. Web. Dankolaw.com. Web. 31 Mar. 2014. < http://www.dankolaw.com/PDFs/Compensating-The-Families-Of-Air-France-Flight-447.pdf>. CBCNews. Air France to give compensation advances to crash victim’s families. Web. Cbc.ca. 19 Jun. 2009. Web. 01 April. 2014. < http://www.cbc.ca/news/world/air-france-to-give-compensation-advances-to-crash-victims-families-1.846368>. An analysis of McDonnell Douglas’s Ethical Responsibility in the Crash of Turkish Airlines Flight 981. Web. Wordpress.com. Web. 31 Mar. 2014. < http://turkishdc10.files.wordpress.com/2008/01/an-analysis-of-mcdonnell-douglas-crash-74.pdf>. Allen, Peter. Revealed: Pilot of Air France jet that crashed in Atlantic Ocean killing 228 people had just ONE HOUR sleep before the flight. Web. Dailymail.co.uk. 15 Mar. 2013. Web. 02 April. 2014. < http://www.dailymail.co.uk/news/article-2293750/Pilot-Air-France-plane-crashed-killing-228-people-slept-just-ONE-HOUR-flight.html>. Aigbe, Samuel. A Plane Crash Survivor’s. Miraculous True Story. Bloomington. Balboa Press. 2013. Print. Read More