• An aviation lawyer said the rapid descent of the Latam flight is “eerily similar” to a Qantas flight QF72 in 2008.
  • Lawyer Peter Carter said passengers will need compensation for medical costs.
  • He said injured passengers could get potentially up to seven figures in compensation.

An aviation lawyer says passengers on Latam Airlines flight LA800 that suddenly lost altitude on Monday, could get compensation “in the millions.”

Passengers flying from Sydney to Auckland on the Boeing 787-9 were thrown around the cabin and some slammed into the ceiling when the plane dropped several hundred feet.

At least 50 people were treated by St John ambulance staff at Auckland Airport.

Director of Carter Capner Law Peter Carter said many passengers on the Latam flight will need compensation for medical treatment.

He told Stuff Travel compensation depends on the extent of injury and in most cases, whether the person is able to continue their usual working life.

“So someone who’s barred from doing that… would be entitled to seven figures, in the millions, potentially depending on their situation.”

Chile is a member state of the Montréal 1999 Convention, which establishes airline liability in the case of injury to passengers, which pays up to NZD$279,000 for proven losses like medical expenses, loss of amenities of life and income loss for proven bodily injury.

Carter said that now, the airline must also pay for proven losses above that figure unless it proves the accident was not due to its negligence or that of its pilots or engineers.

“So in that respect there is no longer a limit on compensation, and all passengers on Monday’s flight irrespective of where they live, are able to claim.”

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If the accident is found to have nothing to do with the airline, then passengers would be capped at the $270,000 in damages, and could seek a pay out from the party found at fault.

He said the incident was “eerily similar” to an incident on a Qantas flight almost 16 years ago.

Carter acted for passengers aboard QF72 from Singapore to Perth in 2008 when a flight control computer twice commanded the aircraft to nosedive over the Indian Ocean causing serious injuries.

“Just like Monday’s Latam Airlines flight LA800 accident, passengers on QF72 were flung weightless to the cabin ceiling during the dive, and fell to the cabin floor or onto seat armrests.

“We know that in this recent accident, around 12 passengers were hospitalised and dozens injured, but we don’t know yet about how the injuries will affect them in the future.”

He said that following the QF72 accident the aviation injury compensation liability regime changed for the better to allow passengers to claim higher amounts of compensation.

Carter said he is investigating a claim for passengers aboard the Latam Airlines flight.

“We’ll have to wait until we have more details but we are collecting details from passengers that have logged onto the Facebook page.”

Carter said people should keep a record of their boarding pass and their medical expenses.

“When a passenger goes through an ordeal like this it is terrifying, and as well as many serious physical injuries, there can be long-term psychological damage,” he said.

The Montréal Convention did not apply to psychological trauma, unless it related to a physical injury.

“Their claim is probably only against Boeing or the component manufacturer if indeed there was some aircraft system or software that failed,” Carter said.

Chile’s accident investigation authority has opened an investigation and has asked for the assistance of the New Zealand Transport Accident Investigation Commission.

“TAIC is in the process of gathering evidence relevant to the inquiry, including seizing the cockpit voice and flight data recorders,” a TAIC spokesperson said.

When asked by Stuff Travel, TAIC said it was gathering evidence on behalf of Chile and it will not produce a report for this inquiry, saying that responsibility laid with the Chilean authorities.

When asked if the US authorities would be involved, a TAIC spokesperson said in theory, the US National Transportation Safety Board could be investigating if they are assisting the primary investigation agency, Chile’s Dirección General de Aeronáutica Civil.

“This would be because USA is the State of manufacture and design of the Boeing 787. But I do not know if Chile has asked for USA’s assistance yet.”