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Case Study Jonathan
Case Study Jonathan
TRANSPORT
Case
Study
for
aviation
law
Jonathan
Ruiz
Barreiro
-‐
21316014
CASE 1:
On
April
19,
2000,
an
airplane
of
Air
Philippines
slammed
into
a
coconut
plantation.
The
airplane
was
a
Boeing
737-‐200,
and
was
removed
from
the
service
by
Southwest
Airlines
two
years
before.
According
to
the
AVTRAC
inspection
report,
the
plane
would
likely
be
maintenance
SUMMARY
intensive,
with
a
corresponding
increase
in
maintenance
downtime.
The
companies
were
selling
the
aircraft
which
almost
has
not
pass
the
inspections
to
a
company
of
the
third-‐world.
The
companies
were
looking
for
the
greatest
profit,
and
because
of
that,
the
plane
pass
only
the
ATO
test.
The
plane
was
registered
in
U.S
and
because
of
this
it
should
be
pass
the
FAA
standards.
TEXTS
FAA,
ATO.
APPLICABLE
AAR
and
Fleet
negotiated
a
settlement
of
$165
million
for
the
surviving
family
RESULT
members.
Typical
situation
of
abuse
by
big
companies
to
get
the
greatest
profit,
OPINION
Passengers
life
matter
less
than
the
profits
of
a
company…
CASE 2:
On
May
31,
2009,
Air
France
flight,
the
aircraft
lost
contact
with
the
air
traffic
control
center
during
the
flight.
This
document
discusses
the
legal
actions
taken
by
the
familiar
of
the
victims
and
the
companies.
In
this
case,
the
investigation
of
the
accident
is
still
working.
The
problem
is
that
in
a
period
of
time,
the
product
can
claim.
Because
of
that,
the
SUMMARY
companies
should
compensate
the
family
members
of
the
victims.
The
compensation
depends
on
the
law
of
each
country.
TEXTS
Laws
of
each
contry,
Warsaw
Convention,
Hague
Protocol
and
the
APPLICABLE
Montreal
Convention.
The
families
should
presentate
their
reclamation
as
soon
as
possible
due
to
the
RESULT
long
time
that
takes
the
investigation
of
an
aircraft
accident.
I
think
that
the
compensation
in
this
cases
has
to
be
greater
depending
in
the
OPINION
failure
of
the
airplane.
If
it
is
a
negligence
of
the
company,
it
should
pay
more
to
the
family
of
the
victims.
1