Sueing Over S-11
RyoOhki
Join Date: 2003-01-26 Member: 12789Members
Join Date: 2003-01-26 Member: 12789Members
in Discussions
<div class="IPBDescription">A little extreme perhaps?</div> <!--QuoteBegin--></span><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> </td></tr><tr><td id='QUOTE'><!--QuoteEBegin-->Sept 11 lawsuits can proceed
From correspondents in New York
September 10, 2003
A US federal judge ruled today that lawsuits can proceed that blame airlines, the Port Authority of New York and New Jersey and the Boeing Co for injuries and deaths in the September 11 terrorist attacks.
The 49 page ruling by US District Judge Alvin Hellerstein was based on the cases of about 70 of the injured and representatives of those who died in the 2001 attacks on the World Trade Centre, the Pentagon and the crash of a hijacked plane in Pennsylvania.
He said the Port Authority, which owns the World Trade Centre property, "has not shown that it will prove its defence of governmental immunity as to negligence allegations made by WTC occupants".
The defendants had argued that the lawsuits against them should be dismissed because they had no duty to anticipate and guard against deliberate and suicidal aircraft crashes into the towers and because any alleged negligence on their part was not the cause of the deaths and injuries.
The judge said the evidence he had seen does not support Boeing's argument that the invasion and takeover of the cockpit by the terrorists frees it from liability.
The plaintiffs said Boeing should have designed its cockpit door to prevent hijackers from invading the cockpit.
The plaintiffs had said that American and United Airlines and the Port Authority were legally responsible to protect people on the ground when the hijacked aircraft smashed into the twin towers, causing them to collapse.
As a result of the ruling, court officials were preparing for a possible legal onslaught at the Manhattan courthouse as early as this week as some people choose lawsuits over applying to the federal victims compensation fund.
December 22 is the last day families may apply to the fund, created by the US Congress to provide financial aid to the families of those killed or injured in the attacks, and to protect the commercial aviation industry from crippling litigation.
As of late August, 2275 claims had been filed. But roughly 1700 families had yet to decide whether to enroll with the fund or join lawsuits against the airlines, security companies and government agencies.
The average payout so far has been about $US1.5 million ($2.32 million), with the highest award $US6.8 million ($10.52 million). The minimum payout is $US250,000 ($386,877).
The fund has made offers averaging $US1.41 million ($2.18 million) to 398 families thus far. About 1600 families have filed papers stating an interest in applying for the fund.
The Associated Press
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<a href='http://news.com.au/common/story_page/0,4057,7223059%255E1702,00.html' target='_blank'>http://news.com.au/common/story_page/0,405...55E1702,00.html</a>
I find this occurance a little disturbing. To sue an airline company for not forseeing that terrorists would turn an airliner into a massive cruise missile isn't really on in my opinion. To then sue the Port Authority for "failing to protect the people on street level when the aircraft hit" just strikes me as bizzare and totally uncalled for. What exactly was the Port Authority to do? Thousand of tonnes of falling debris were raining down onto the streets crushing people: short of deploying giant steel umbrellas how exactly could they protect people?
What are people's thoughts on this? If the airliners and Port Authority can be sued, should the government as well? Should anyone be sued at all? At the end of the day, was this something where blame can be placed on anyone?
From correspondents in New York
September 10, 2003
A US federal judge ruled today that lawsuits can proceed that blame airlines, the Port Authority of New York and New Jersey and the Boeing Co for injuries and deaths in the September 11 terrorist attacks.
The 49 page ruling by US District Judge Alvin Hellerstein was based on the cases of about 70 of the injured and representatives of those who died in the 2001 attacks on the World Trade Centre, the Pentagon and the crash of a hijacked plane in Pennsylvania.
He said the Port Authority, which owns the World Trade Centre property, "has not shown that it will prove its defence of governmental immunity as to negligence allegations made by WTC occupants".
The defendants had argued that the lawsuits against them should be dismissed because they had no duty to anticipate and guard against deliberate and suicidal aircraft crashes into the towers and because any alleged negligence on their part was not the cause of the deaths and injuries.
The judge said the evidence he had seen does not support Boeing's argument that the invasion and takeover of the cockpit by the terrorists frees it from liability.
The plaintiffs said Boeing should have designed its cockpit door to prevent hijackers from invading the cockpit.
The plaintiffs had said that American and United Airlines and the Port Authority were legally responsible to protect people on the ground when the hijacked aircraft smashed into the twin towers, causing them to collapse.
As a result of the ruling, court officials were preparing for a possible legal onslaught at the Manhattan courthouse as early as this week as some people choose lawsuits over applying to the federal victims compensation fund.
December 22 is the last day families may apply to the fund, created by the US Congress to provide financial aid to the families of those killed or injured in the attacks, and to protect the commercial aviation industry from crippling litigation.
As of late August, 2275 claims had been filed. But roughly 1700 families had yet to decide whether to enroll with the fund or join lawsuits against the airlines, security companies and government agencies.
The average payout so far has been about $US1.5 million ($2.32 million), with the highest award $US6.8 million ($10.52 million). The minimum payout is $US250,000 ($386,877).
The fund has made offers averaging $US1.41 million ($2.18 million) to 398 families thus far. About 1600 families have filed papers stating an interest in applying for the fund.
The Associated Press
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<a href='http://news.com.au/common/story_page/0,4057,7223059%255E1702,00.html' target='_blank'>http://news.com.au/common/story_page/0,405...55E1702,00.html</a>
I find this occurance a little disturbing. To sue an airline company for not forseeing that terrorists would turn an airliner into a massive cruise missile isn't really on in my opinion. To then sue the Port Authority for "failing to protect the people on street level when the aircraft hit" just strikes me as bizzare and totally uncalled for. What exactly was the Port Authority to do? Thousand of tonnes of falling debris were raining down onto the streets crushing people: short of deploying giant steel umbrellas how exactly could they protect people?
What are people's thoughts on this? If the airliners and Port Authority can be sued, should the government as well? Should anyone be sued at all? At the end of the day, was this something where blame can be placed on anyone?
Comments
And you guys should know, that doesn't happen very easily. <!--emo&:D--><img src='http://www.unknownworlds.com/forums/html/emoticons/biggrin.gif' border='0' style='vertical-align:middle' alt='biggrin.gif'><!--endemo-->
One can now go into a discussion about which item will stand a chance in court, or whether the insane sums some plaintiffs will claim are in any relation to the fault of the defendants, but the actual process of allowing these lawsuits doesn't seem too problematic to me. It's not as if every defendant had been found guilty by this ruling.
"Ohnoes teh wurld traid senter fellz on me! HAX! I want moniez!!111"
Sometimes America makes me sick!
BTW: I am a born and raised New Yorker, unless you were here on that day you cannot truly grasp the full effect 9-11 had on this city. For someone to try and cash in on it really makes me sick.