As the ‘in-house Counsel’ for Travelair, identify and analyse your major concerns and evaluate what you consider the major issues might be for the airline? [30%]
- Exposure to claims arising from AIOB report. Defence lawyers would scrutinise this and call into question claims from the report. If something is found to be unsatisfactory reference is it actually required e.g if poor training is found, ask is it legally required? Basically boil it down to if it isn’t needed to be done, why should airline be held accountable?
- Submitted claims are substantiated by evidence but there is clear proof that the crash site has been tampered with. Therefore evidence to claims can in some cases be disputed i.e loss of items carried by passengers due to tampering with crash site. Should the airport and authorities be liable for resulting injuries and deaths (one of the being on the beach) by mismanagement? There is evidence of dereliction of duty by mismanagement by authorities and airport.
- Reports of crew actions/inactions. Is the airline liable due to not ensuring their personnel are trained adequately? Are the airline liable for not taking into account human factors? They were complaining of fatigue and illness in the report findings.
- Reports of Airline culture being negative. Forcing crew to get on with job despite reports of problems within airline management. This perception can open up exposure by investigations and reports. This contributes to bad publicity and media coverage resulting in customer downturn and loss of business.
- Reports of crew taking banned substances – Reports like this are very bad press. Consider media coverage and perception
As the ‘in-house Counsel’ for Travelair, identify and analyse your major concerns and evaluate what you consider the major issues might be for the airline?