Mike Andrew, an American lawyer representing the family of a victim in the recent Ahmedabad plane crash, has outlined possible legal avenues for the families, depending on the findings from the flight data recorder (FDR) and cockpit voice recorder (CVR).
Andrew explained that if investigations reveal a defect in the aircraft — such as problems with the Full Authority Digital Engine Control (FADEC) system or throttle control — victims’ families could pursue a product liability claim in the United States. If Air India is found liable, however, claims would most likely fall under the Montreal Convention.
“If the FDR and CVR indicate a defect with the aircraft, the route is to bring a defective product or product liability claim in the US. If it’s an Air India matter, it would likely fall under the Montreal Convention,” he said.
Highlighting the importance of aviation and product safety, Andrew stressed that the public — including passengers and those on the ground — deserves safe transportation. He noted that the FDR contains critical digital data on engine performance, computer inputs, and software commands, and must be released in a complete and unbiased manner.
He also underlined the advantages of pursuing legal action in the US, where individuals can hold multinational corporations accountable. “Our legal system allows one person to stand on equal footing with a multinational and demand answers,” he said, adding that the aircraft involved was manufactured in the United States.
Cautioning against premature blame on the pilots, Andrew cited a 2019 incident in which a Boeing 787 experienced throttle control-related engine failures but landed safely. He warned that in the AI-171 case, blaming pilots without complete data would be “highly speculative”.
Calling for transparency and respect for the victims’ families, Andrew said it was essential to identify the responsible parties and ensure accountability.
A recognised specialist in aviation litigation, Andrew has been named among the Top 10 Aviation Attorneys by the National Trial Lawyers Association.
