Singapore Airlines changes policies and prepares to pay compensation after turbulence

Passengers injured during severe turbulence on a Singapore Airlines flight on Tuesday are likely to be entitled to compensation, but due to an international treaty, the amount of compensation can vary significantly even for identical injuries.

One passenger died and the airline said 30 other passengers were being treated for injuries after a London-Singapore flight made an emergency landing in Bangkok on Tuesday. Samitivej Hospital said 71 passengers were being treated.

Under the Montreal Convention, Singapore Airlines is liable for accidents on international flights, which can include turbulence, regardless of whether the airline was negligent, U.S. aviation lawyers say. If passengers file suit, the airline cannot contest damages up to about $175,000.

If a passenger seeks higher damages, Singapore Airlines may try to limit liability by proving it took all necessary steps to avoid the turbulence, said Mike Danko, a California-based lawyer who represents passengers. He says airlines rarely succeed with such arguments.

Yes, the turbulence is getting worse, However, deaths are very rare: What you should know

According to Danko, the airline could also limit its liability by proving that the passenger was partially to blame for the injury, for example by ignoring the request to fasten the seat belt.

The amount of damages often depends on the country in which the case is filed and how the legal system determines the amount of compensation.

“The first thing to determine is what jurisdiction you can file a lawsuit in and what the value of damages is there,” says Daniel Rose, a New York attorney with the Kreindler & Kreindler law firm, which represents passengers.

For example, court cases in the United States have awarded passengers more than a million dollars for the psychological trauma of severe turbulence, while many courts in other countries have awarded far less or no compensation for comparable psychological distress.

The Montreal Convention provides different rules to determine where a claim can be made. These may depend on the destination, the place of purchase of the ticket and the passenger’s place of residence.

Tuesday’s flight departed from London for Singapore and carried passengers from all over the world.

Aviation lawyers said British passengers with return tickets from London could pursue their claims in UK courts. Others may have planned to take a connecting flight to Indonesia, where they would have to pursue their claim. As a result, compensation claims for the same injury could vary widely.

What you should know: Turbulence is increasing, but deaths are very rare.

Curtis Miner, a Florida-based attorney specializing in passenger representation, said many passengers were injured in the 2013 Asiana Airlines crash in San Francisco and compensation claims varied widely because many of them had traveled from different East Asian cities and had booked round-trip flights.

“The passengers came from all over,” Miner said. “Some of them, who had suffered similar injuries, were able to present their case in San Francisco, but others were not.”

In response to the incident, Singapore Airlines said the airline was tightening its cabin safety policies during turbulence.

The new policies include stopping the serving of hot drinks and meals and requiring flight attendants to return to their jump seats and fasten their seat belts when the seat belt sign is illuminated.

“SIA will continue to review our processes as the safety of our passengers and crew is of utmost importance,” the airline said in a statement.

Contributor: Zach Wichter, USA TODAY

This article originally appeared on USA TODAY: Singapore Airlines turbulence could earn passengers compensation