Boeing Sued by Plane Crash Survivors
Seven survivors of a 2005 plane crash in the Amazon jungle have filed three product liability and negligence lawsuits against Boeing, the jet’s manufacturer, and others.
On August 23, 2005, the Boeing aircraft crashed killing more than 40 people. According to the lawsuit, the plane had a number of defects that made it “unreasonably dangerous.”
The claim specifically cites Boeing’s wind shear detection system, which failed during the flight. Tom Ellis, spokesman for the law group that filed the lawsuit, said that federal authorities found problems with the system over nearly a decade ago after a 1994 crash.
“The wind shear detection system in these aircraft is not state of the art,” he said.
Officials at TANS Peru, the airline operating the jet, said at the time of the crash that wind shear might have caused the pilot to attempt an emergency landing. It was during the landing that the airliner splintered and crashed.
The lawsuit also cites the Peruvian airline for inadequately training its flight crew.
Aviation authorities in Peru grounded the airline in January over concern about its safety record.
Pratt & Whitney, maker of the engine, has been named as well. However, Ellis said that Boeing bears the majority of the responsibility for the crash because it installed the engines knowing their limitations.
The aircraft was defective because it was “incapable of continued safe flight in tropical environments in which clouds contained high liquid water content,” the lawsuit alleges. And Boeing and Pratt & Whitney were negligent in failing to notify the airline that the plane had limitations for flying in adverse weather.
Jose Vivas said that he and five family members continue to suffer psychological problems even though they have recovered from their physical injuries.
“My daughters, they are terrorized to take a plane. Sometimes they get nightmares,” he said.
The father of a six-month-old baby killed in the crash is also part of the lawsuit, citing the wrongful death of his child and common-law wife.
All victims are seeking damages totaling more than $50,000 each.
If you, a family member, or a loved one has suffered a death in the family or serious and permanent bodily injuries, pain and suffering, emotional distress, lost wages, and medical bills due to an airplane crash contact personal injury lawyer David I. Fuchs at 800-570-2858 to schedule a free no obligation consultation.