Aviation Litigation in Ireland: How It Works

USD Victims are “worth” different amounts in different countries. Aviation Litigation in Ireland: How It Works Victims are “worth” different amounts in different countries. Plane crash survivors most commonly suffer burn injuries. In addition to economic losses, victims are compensated for the pain and suffering which they have experienced. (also called general damages, moral damages, non-economic damages, non-pecuniary damages) The figures below are “average” general damages figures for a 35 year woman suffering serious disfiguring burns to her face USD England $150,000 – $200,000 N. Ireland $200,000 – $300,000 Rep. Ireland $300,000 – $450,000 France $300,000 – $400,000 South Africa $20,000 – $40,000 Malaysia $5,000 – $7,500 USA $30,000,000 - $60,000,000

OPERATOR: MANX2 FLIGHT 7100 LOCATION: CORK, REPUBLIC OF IRELAND Aviation Litigation in Ireland: How It Works OPERATOR: MANX2 FLIGHT 7100 LOCATION: CORK, REPUBLIC OF IRELAND DATE: 10 FEBRUARY 2011 FATALITIES: 6 SURVIVORS: 6

LOCATION: MOURNE MOUNTAINS, NORTHERN IRELAND DATE: 23 OCTOBER 2010 Aviation Litigation in Ireland: How It Works OPERATOR: PRIVATE LOCATION: MOURNE MOUNTAINS, NORTHERN IRELAND DATE: 23 OCTOBER 2010 FATALITIES: 3 SURVIVORS: 0

OPERATOR: AIR FRANCE FLIGHT 447 LOCATION: ATLANTIC OCEAN Aviation Litigation in Ireland: How It Works OPERATOR: AIR FRANCE FLIGHT 447 LOCATION: ATLANTIC OCEAN (IRISH Passengers) DATE: 1 JUNE 2009 FATALITIES: 228 SURVIVORS: 0

OPERATOR: IRISH HELICOPTERS LOCATION: BALLYNACALLY, COUNTY CLARE, Aviation Litigation in Ireland: How It Works OPERATOR: IRISH HELICOPTERS LOCATION: BALLYNACALLY, COUNTY CLARE, REPUBLIC OF IRELAND DATE: 12 JULY 2007 FATALITIES: 2 SURVIVORS: 0

Definition of a Mass Fatality Aviation Litigation in Ireland: How It Works Definition of a Mass Fatality “A mass fatality incident is defined as any incident where the number of associated fatalities is greater than normal local arrangements in Northern Ireland can manage”. The decision to declare a mass fatality incident lies jointly with the Coroner and the Strategic Commander, PSNI. Coroner in consultation with PSNI and the State Pathologist will activate the Mass Fatalities Plan. Mass Fatalities Plan – provides a generic plan for dealing with multiple fatalities resulting from a major incident / emergency and provides a strategic overview of the mass fatality process. Convene Mass Fatality Coordination Team. This team will include: Coroner State Pathologist Senior PSNI representative.

Role of the Coroner Invokes the Mass Fatality Plan. Aviation Litigation in Ireland: How It Works Role of the Coroner Invokes the Mass Fatality Plan. Assigns responsibilities to police acting as Coroners Agents. Visits the incident site with the State Pathologist. Authorises the removal of bodies from the incident scene to the mortuary. Authorises the post mortem. Authorises the retention of material. Determines the identification criteria, in consultation with the State Pathologist and the Senior Identification Manager. Liaises with the Family Liaison Co-ordinator to discuss meeting with families to explain procedures. Issues burial or cremation certificates and authorises release of bodies and any retained material. Is supported by one or more of the Coroners Liaison Officers (CLOs). Chairs the Identification Commission.

Three Levels of Response Aviation Litigation in Ireland: How It Works Three Levels of Response Level 1- the existing mortuary facilities (56) Level 2 – existing facilities augmented by the deployment of additional body storage (260) and Level 3 – National Emergency Mortuary Arrangements (NEMA) (600+) Disaster Victim Identification involves- Recovery of body or human remains; ID of deceased and human remains in dignified manner, taking account of the investigation process, needs of community; Reconciliation of data both in life and death information (ante mortem & post mortem) to support the identification; Repatriation of the deceased to their families. Role of Identification Commission Establishes identity of all recovered bodies and any human remains and members include (Coroner – Chair) State Pathologist, PSNI Senior ID Manager (SIM).

Early, timely & consistent communication important. Aviation Litigation in Ireland: How It Works Present Position Planning for a mass fatality incident in Northern Ireland is progressing well. Recognition that plans need to be flexible to deal with predictable and unpredictable situations. Early, timely & consistent communication important. CT Scanner used in recent incidents. Summary The provision of honest and, as far as possible, accurate information at all times, at every stage. Respect for the deceased and the bereaved. A sympathetic and caring approach throughout. The avoidance of mistaken identity.

LOCATION: Gillingham Hall, Norfolk ENGLAND DATE: 13 March 2014 Aviation Litigation in Ireland: How It Works OPERATOR: HAUGHEY AIR LOCATION: Gillingham Hall, Norfolk ENGLAND DATE: 13 March 2014 FATALITIES: 4 SURVIVORS: 0

OPERATOR: IRISH COAST GUARD RESCUE 116 Aviation Litigation in Ireland: How It Works OPERATOR: IRISH COAST GUARD RESCUE 116 LOCATION: BLACKROCK ISLAND, COUNTY MAYO, REPUBLIC OF IRELAND DATE: 14 MARCH 2017 FATALITIES: 4 SURVIVORS: 0

Aviation Litigation in Ireland: How It Works

Aviation Litigation in Ireland: How It Works

OPERATOR: AMERICAN AIRLINES FLIGHT 965 LOCATION: NEAR CALI, Colombia Aviation Litigation in Ireland: How It Works OPERATOR: AMERICAN AIRLINES FLIGHT 965 LOCATION: NEAR CALI, Colombia DATE: 20 December 1995 FATALITIES: 159 SURVIVORS: 4