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QF72 Passenger Injury Claims Filed

FOR IMMEDIATE RELEASE: 20 September 2010
CONTACT: Peter Carter on 07 3210 3409 or 0422 445 599

An Australian law firm is filing lawsuits for more than 20 passengers injured in a mid-air accident over the Indian Ocean in October 2008 on a Qantas flight from Singapore.

Peter Carter, of aviation law firm Carter Capner Law of Brisbane, said the claims are against Qantas for damages for physical and psychological injuries.

"The claims are for adult and children passengers from Australia, Europe and Singapore,” Carter says. "Qantas has primary liability to the passengers under federal law because of its contract of carriage with them."

Passengers are entitled to financial and personal losses resulting from any injury including loss of future earnings caused by any ongoing problems.

"In many cases this will result in substantial damages." said Carter.

Carter, whose law firm is also working with the Wisner Law Firm of Chicago in relation to the passengers' claims against Airbus and component manufacturers, has already finalised some passenger claims with Qantas.

"Qantas has primary liability as carrier but may of course seek contribution from Airbus and component manufacturers if they were negligent,” says Carter. “Qantas does not discuss its insurance arrangements, but there is likely to be a raft of international underwriters standing behind them all."

Mr Carter warned that passengers should contact a lawyer as soon as possible so that their lawsuits can be filed in the next fortnight before the two-year anniversary of the flight on 7 October.

"The two-year limitation date is fast approaching," says Carter. "Failure to lodge a claim in court within two years is an absolute bar against compensation claims against the carrier."

The receipt of flight coupons from Qantas is not a bar to a lawsuit as long as the passenger has not already signed a formal release with either the airline or, for the US claims, other potentially liable parties such as Airbus and Northrop Grumman.

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