On 10 March 2019, Ethiopian Airlines Flight ET302 crashed shortly after take-off from Addis Ababa, claiming the lives of all 157 people on board. Among the victims were the loved ones of 16 families we represented.
Our expert aviation team was instructed to act on their behaves in legal proceedings against Boeing, the manufacturer of the aircraft. The case was brought in the Federal Court in Chicago, Illinois.
Legal proceedings in the United States
A key legal issue was whether US law would apply. Boeing initially argued that the law of each victim’s home country/domicile should govern the claims. We challenged this position, and in November 2021, Boeing formally admitted liability and agreed to the application of Illinois law. This was the first time such an agreement had been reached in an international aviation disaster.
This development allowed our clients to pursue compensation under US law, which is generally more favourable than those in many other jurisdictions.
Over the course of the litigation, over two million pages of documents were disclosed by Boeing. We conducted numerous depositions, including with senior current and former Boeing employees, and prepared for trial. The case raised serious concerns about the design and certification of the Boeing 737 MAX aircraft, particularly around the MCAS flight control system and the MCAS training provided to pilots.
Speaking on the outcome, partner in our aviation team, Sallie Booth said:
“While no outcome can ever compensate anyone involved for the loss of life on such a profound scale, we are proud to have supported our clients through a complex and high-profile legal process to get them the answers they deserve. We stand behind any steps that lead to greater accountability and improved passenger safety and remain committed to supporting changes that protect lives in the future.”
Supporting families beyond the litigation
Our involvement extended beyond the US legal proceedings. In the UK, we guided families through the Inquest process, helping them prepare for hearings, understand the evidence, and engage with the Coroner’s office. In July 2023, the Coroner for West Sussex, Penelope Schofield, returned a verdict of unlawful killing at the inquest into the deaths of the British victims.
We also worked closely with international legal teams to ensure a coordinated approach across jurisdictions and supported our clients in their public advocacy efforts, including in relation to criminal proceedings brought against Boeing in the US. Many of the families we represented called for greater transparency and increased scrutiny from aviation regulators to improve safety standards around the globe.
The crash of Flight ET302, along with the earlier crash of Lion Air Flight 610, led to the global grounding of the 737 MAX for over a year. Investigations in the US prompted reforms to the Federal Aviation Authority’s oversight processes and changes to aircraft certification procedures.
This case has had a lasting impact on aviation safety and accountability but more remains to be done. The Deferred Prosecution Agreement between the DoJ and Boeing is an ongoing process. The bereaved justifiably wish to be satisfied that lessons have been learned and unsafe practices have been superseded.
Contact us
If you or a loved one has been involved in an air accident and you need support and guidance, please reach out to our caring and professional team.
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