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Thursday, March 27, 2014

HOW MUCH IS A LIFE WORTH? Relatives of westerners killed in MH370 crash to receive MILLIONS more than families of Asian passengers

HOW MUCH IS A LIFE WORTH? Relatives of westerners killed in MH370 crash to receive MILLIONS more than families of Asian passengers
The nationality of each passenger will make a staggering difference to the compensation payments made to the families of the 239 people killed in the crash of flight MH370, according to legal experts.
Public liability lawyers say the biggest disparity will be the difference between the payouts offered to the relatives of western passengers, compared to those from Asian countries.
American aviation crash attorney Floyd Wisner said passengers and crew from China, Malaysia and Indonesia would fare worse in their claims due to what they are calling a limited view of damages.
'They could evaluate these cases and say a Chinese life is (of) less value than an American life. That's unfair and that's going to cause problems,' he told CNBC.


A hysterical family member of a passenger aboard MH370 reacts to the news of her loved one's death
A hysterical family member of a passenger aboard MH370 reacts to the news of her loved one's death

Devastated: Jayden Burrows, supported by his aunt Kaylene Mann, pictured during a press conference on Tuesday, are among Australian relatives of those who died on MH370
Devastated: Jayden Burrows, supported by his aunt Kaylene Mann, pictured during a press conference on Tuesday, are among Australian relatives of those who died on MH370

Under the multilateral Montreal Convention, relatives of air crash victims from signatory countries are entitled to about $US176,000 in damages without having to prove fault.
Further claims can then be made in any one of five places: the primary residence of the plaintiff, the destination of the flight, where the ticket was bought, where the carrier is domiciled or its main place of business.
But Mr Wisner warned any major disparity in payouts would lead to international uproar.
'I would be raising holy hell if I was a family member of a passenger from one country getting less than someone who happened to be sitting next to me from another country,' he said.
The lawyer said the airline could pay between $500-750 million in damages to relatives it was probable it had liability insurance of about $1 billion.

Danica Weeks' husband Paul was killed when the plane crashed in the southern Indian Ocean. The New Zealand couple were based in Perth, Western Australia

Danica Weeks' husband Paul was killed when the plane crashed in the southern Indian Ocean. The New Zealand couple were based in Perth, Western Australia

Terry Rolfe, the leader of American aviation practice Integro Insurance Brokers, said compensation for loss of life would be massively different for American victims and those from other countries, CNBC reported.
Ms Rolfe estimated an American court would pay compensation of between $8-10 million per passenger, while Chinese relatives would likely receive less than $1 million per passenger.

Most of the people on MH370 were Asian, but relatives are likely to get less compensation because of the legal system in the countries where they are seeking damages
Most of the people on MH370 were Asian, but relatives are likely to get less compensation because of the legal system in the countries where they are seeking damages


In non-common law countries such as China, where 154 of the missing flight's 239 passengers were from, the payouts could be minimal due to a 'restrained view of damages', according to Australian public liability lawyer Barrie Woollacott.
He said notions of loss in some Asian countries were viewed differently to the west, and this could restrict the way claims are dealt with and also the amount of compensation.
'The way it's administered is a matter for that country,' Mr Woollacott told the MailOnline.
'Non-common law countries have laws that provide different levels or scales for negligence, where as in Australia there is no cap,' he said.
Experts say the disparity in compensation is influenced by a 'restrained view of damages' in non-common law countries throughout Asia
Experts say the disparity in compensation is influenced by a 'restrained view of damages' in non-common law countries throughout Asia

Mr Woollacott said in that in Australia, where six of the plane's passengers were from, if fault is alleged by the person bringing the claim, the airline must prove it was not negligent.
And in those cases, those who suffered loss from an aviation disaster would be able to apply for unlimited compensation.
'If the plane wasn't found or if it didn't enable Malaysia Airlines to establish they weren't negligent, they would be exposed to large claims,' he said.
But if an airline can prove it was not negligent then victims will only be entitled to what is outlined under the Montreal Convention.
Brisbane couple Rodney and Mary Burrows, pictured, were among the Australians who were killed when MH370 plunged into a remote area of Indian Ocean
Brisbane couple Rodney and Mary Burrows, pictured, were among the Australians who were killed when MH370 plunged into a remote area of Indian Ocean
Allianz is the main reinsurer for the missing Malaysia Airlines plane and according to Reuters it has started paying claims in relation to the plane's disappearance.
It has been reported that $US110 million has been placed in an escrow account and the insurance company settled to make hardship payments to the families of those lost.
Malaysia Airlines said it will not consider compensation payouts until what happened aboard the flight is determined, the Sydney Morning Herald reported.
Authorities believe the plane turned back from its scheduled flight path from Kuala Lumpur to Beijing on March 8 and crashed into the southern Indian Ocean nearly eight hours later. -Dailymail

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