Families of Boeing Max Crash Victims Can Seek Pre-Impact Compensation, Rules Judge

Facts

• On Tuesday, a US federal judge ruled that the families of victims killed in the 2019 Boeing 737 Max crash in Ethiopia can seek damages for their pre-impact pain and distress.¹
• In his judgment, Judge Jorge Alonso stated it was a 'reasonable inference' that the passengers onboard felt 'pre-impact fright and terror,' and that there is 'sufficient evidence' they were aware they would 'crash, horrifically, to their certain death.'²
• The 2019 Ethiopian Airlines crash killed all 149 passengers and six crew onboard. The aircraft's flawed flight-control system was reportedly to blame for the accident.³
• In 2021, Boeing acknowledged its liability and agreed to pay compensatory damages to the families of the 157 people killed in the crash in exchange for a quashing of punitive lawsuits against the company.⁴
• At last week's hearing, Boeing tried to block testimony about passengers' pain and suffering, arguing it would unfairly impact the jurors. Its lawyers also asserted that damages for any pre-impact experiences are barred under Illinois law, because victims died the instant the plane crashed.³
• A 2021 settlement with the Justice Dept. saw Boeing receive a $244M fine for hiding details of a faulty flight-control system involved in the 2018 Lion Air and 2019 Ethiopian Airlines crashes. The total cost of the deal was brought to $2.5B by compensation Boeing paid to airlines and victims.¹

Sources: ¹ABC News, ²Reuters, ³CTVNews and ⁴Wall Street Journal.

Narratives

• Narrative A, as provided by BBC News. The fact that Max jets were allowed to fly with a system that depended on a single sensor to maintain safety reflects a monumental production quality defect, not the fault of Ethiopian Airlines but of Boeing. The agreement to pay compensation is part of a sweetheart deal to shelter Boeing from criminal prosecution for misleading federal regulators, who approved the Max by hiding details of its faulty flight-control system. Unfortunately, the fight for justice is far from over, and Boeing must be held accountable.
• Narrative B, as provided by Reuters. It would be unfair to blame this terrible crash solely on Boeing. The evidence suggests that Ethiopian Airlines' report on the incident was misleading and did not factor in human error or bird strikes on the sensor vane. Yet, Boeing admitted wrongdoing so that the families could receive some compensation instead of undergoing a protracted legal fight. Demonizing Boeing presents an incomplete picture of the facts.