Could Passengers of Boeing 737 Max 8 be Sued Even if the Aircraft Did Not Crash?

In the complex world of aviation, the question arises: could passengers of the Boeing 737 Max 8 be liable to sue the airline, despite the aircraft not crashing? This article delves into the legal framework surrounding such claims and explores the conditions required for a lawsuit to be successful.

Understanding Legal Standards for Suing an Airline

For a plaintiff to prevail in a lawsuit against an airline, it is essential to establish that they were injured or suffered damages. In the case of a 737 Max 8, if there was no harm directly resulting from the flight, a lawsuit would likely be dismissed. The passenger's failure to demonstrate harm ensures they cannot recover for damages.

Fear of injury, while a valid concern, does not suffice as a legal basis for a lawsuit. Since the passengers were not aware of the potential safety issues and could not have reasonably feared injury, such claims may not be supported in a court of law.

Can Passengers Initiate Lawsuits?

Yes, passengers can indeed file a lawsuit, whether or not they have a valid legal basis. In the United States, any individual can sue another party for any reason, regardless of the lawsuit's merit. This legal rights preventance means that even those without substantial grounds can bring a claim.

However, the consequences of filing a frivolous lawsuit are significant. The party who initiates such a claim may be required to pay all court costs and indemnify the defendant. Moreover, if the lawsuit is considered groundless, it can be dismissed, leaving the initiating party responsible for the costs.

Legal Precedents and Airline Contracts

The legal landscape surrounding aviation accidents is vast. Airlines include specific terms in their contract for carriage, which passengers typically accept without reading. This contract stipulates that the passenger agrees to be bound by the terms laid out in the document.

For example, United Airlines' “Contract for Carriage” states, “By purchasing a ticket or accepting transportation the passenger agrees to be bound thereby.” This clause includes a provision that passengers waive their rights to sue the airline for normal operational risks, including potential safety concerns.

If a lawsuit is brought against Boeing 737 Max 8 due to a perceived issue with the aircraft, it is likely to be deemed frivolous. Such lawsuits are often dismissed quickly and with prejudice. Additionally, the plaintiff may face the significant burden of court costs and legal fees, which can easily escalate.

Likelihood of Successful Legal Action

Several factors make the likelihood of a successful lawsuit against passengers or the airline minimal:

There is no concrete evidence of a flaw in the 737 Max 8 that caused harm.

The aircraft safely delivered passengers to their destinations, as intended by the contract of carriage.

The history of 737 models crashing (as documented on Wikipedia) does not affect the current lawsuit, as the plaintiffs must prove harm specific to their flight.

Boeing and its insurers likely have deep pockets to defend against frivolous lawsuits. They are generally willing to shoulder the costs of defending against meritless claims rather than setting a precedent that could harm their reputation or business.

Conclusion

The hassle of potential lawsuits initiated by passengers of the 737 Max 8, especially when no harm has been demonstrated, is far outweighed by the risks and uncertainties associated with such actions. As demonstrated, the legal landscape makes it highly unlikely for such lawsuits to succeed. Passengers and airlines should retain the services of experienced aviation lawyers to ensure their rights are protected.