Interviewer (00:00):
I know that Singapore Airlines said that they apologized to the passengers and there wasn’t much that could be done other than to have your seatbelt on, but what kind of compensation could a person who’s injured in an in-flight incident like this actually get? Peter Carter is the director of Carter Capner Lawyers and joins us on the program.

(00:17):
Good day, Pete.

Peter Carter (00:17):
Good morning.

Interviewer (00:19):
What kind of compensation would these passengers on the Singapore Airlines flight actually be entitled to? What would you be going for if you were representing them?

Peter Carter (00:28):
I don’t want to give the general public the wrong idea, talking about dollars, but you’ve asked the direct question. It depends on the extent of their injury. It’s like a car accident. Some people might have minor injuries, some people might not be able to return to work and need care, and that’s very possible in an accident like this. I’ve represented people like that in these sort of situations.
The limit on the insurance under the Montreal Convention for that flight is 260,000 in the first tier, so they’re entitled to proven damages up to that amount. They can get more than that, if they can prove they’ve suffered that loss, unless the airline shows that they had no part in it and had no fault in it.

Interviewer (01:22):
Tragically, we’ve seen a British man, 73, die of what is suspected to be a heart attack. Where does that sort of scenario sit?

Peter Carter (01:31):
He was retired. He wasn’t a breadwinner, so his wife could bring a claim for whatever dependency, financial loss arises from that. Because he was retired and wasn’t a breadwinner, that wouldn’t be a big claim. She’s still entitled to some other damages, but they’re not necessarily large. We have to evaluate these claims one by one.

Interviewer (01:58):
Peter, you actually represented a heap of passengers, didn’t you, on a flight that also had a bit of an upset in 2008 with people from here?

Peter Carter (02:09):
Yeah. QF72 on its way down to you guys in Perth, from Singapore. There were serious injuries, very serious injuries in that incident. That’s slightly different to this. Same effect in the cabin, people weightless on the ceiling, but that was caused by a malfunction rather than turbulence.

Interviewer (02:28):
Did people come to you and say, “I need financial compensation” or do you advise them that you’re entitled to it?

Peter Carter (02:36):
They come to us. They’re looking for advice. We look at all the situation. We have to know their age, their occupation, and the extent of injuries, and then we can give the advice.

Interviewer (02:48):
Peter, if I’m a customer that has suffered, say, a spinal injury in this situation, I could be entitled to a claim?

Peter Carter (02:58):
You certainly would be.

Interviewer (03:00):
And it could be in the first tier?

Peter Carter (03:05):
For that sort of injury we’d be looking to go well beyond that, depending on the age and if you’re still working. If you’re retired, it’s different.

Interviewer (03:14):
That $260,000 cover that was mentioned, did you call it the Montreal Agreement or something like that?

Peter Carter (03:21):
Montreal Convention, yeah.

Interviewer (03:22):
Convention, okay. When you read the terms and conditions of air flight, and not many people do, would they be able to reduce the amount that could be claimed by putting [inaudible 00:03:34] term and condition in there, considering that turbulence seems to be a growing thing in the air?

Peter Carter (03:39):
No, they can’t do that because the country in which they are flying from and to are signatories to the international Convention. But you raise a good point. What they can do in the ticket is say that the limit doesn’t apply. I don’t know yet. I haven’t looked. I haven’t seen the tickets. The limit might not apply.
Some carriers contract out of the limit because they’ve made arrangements with their insurers to provide cover all the way.

Interviewer (04:08):
Do you expect to be representing some of those people, Peter, if you get the opportunity?

Peter Carter (04:14):
That’s what we’re here for. This is the job we do. It’s our backyard. We are looking forward to helping people who need help.

Interviewer (04:21):
Peter, just before you go, I’ve had a text saying that says, “You sound very much like Gabby Cabby, who’s an informant on the Rumour File.” Can you confirm or deny that you are Gabby Cabby?

Peter Carter (04:31):
I don’t know what the implications of admitting that would be, but no, I’m not.

Interviewer (04:41):
You do sound like him, I must admit. Hey, Peter. Good on you, mate. Thanks for joining us this morning.

Peter Carter (04:41):
Thanks, guys. All the best.

Interviewer (04:47):
[inaudible 00:04:47] Peter Carter, director of Carter Capner. We need to compare Peter’s voice with Gabby Cabby, and there…