Wisner Law Firm Filed Lawsuit in Federal Court Against Airline for Aeromexico 2431 Crash

Wisner Law Firm Filed Lawsuit in Federal Court Against Airline for Aeromexico 2431 Crash

Aeromexico 2431On July 31, 2018, Aeromexico Connect Flight 2431 crashed after an attempted take-off from Durango International Airport in Mexico. Video from one of the 103 persons on board shows the Embraer aircraft taking off in harsh weather. Shortly after take-off, the aircraft crashed into the ground, veered off the runway, and caught fire. Fortunately, all persons on board evacuated the aircraft. Of the persons on board, 85 were taken to the hospital for immediate treatment of injuries. Most of the passengers were American citizens traveling back to the U.S.

Wisner Law Firm has filed a lawsuit in federal court in the Northern District of Illinois in Chicago on behalf of a passenger who was traveling back to Chicago from Durango, Mexico. The passenger was just one of many who sustained physical and psychological injuries.

The federal lawsuit alleges that the air carrier, Aeromexico, is strictly liable under an international treaty known as the Warsaw Convention. The suit alleges that under the Montreal Convention, Aeromexico cannot refute liability up to $139,100 in damages. The suit also alleges that the federal court in Chicago can assert jurisdiction over the foreign air carrier under the Montreal Convention since Mexico is a party to the convention, the plaintiff is an Illinois resident, and Aeromexico operates flights out of Chicago O’Hare International Airport.

Wisner Law Firm has represented hundreds of passengers in numerous similar incidents. Most recently, Wisner Law Firm has represented passengers of American Airlines Flight 383 which was evacuated following an engine fire at Chicago O’Hare International Airport in October 2016 and British Airways Flight 2276 which was also evacuated following an engine failure at Las Vegas McCarron International Airport in September 2015. Qantas Airways Flight 72 declared mayday and made an emergency landing in October 2007 following two uncommanded pitch-downs of the aircraft in flight. Wisner Law Firm also represented passengers in other crash landing cases including an Aerocon flight in La Paz, Bolivia in November 2013 and Manx2 Flight 7100 in Cork, Republic of Ireland in February 2011. Both of those crash landings occurred in harsh weather conditions and resulted in the death of half the persons on board. Wisner Law Firm achieved favorable settlements in all cases.

Alexandra Wisner, a partner at Wisner Law Firm, stated, “We have seen the disastrous effects of flying in adverse weather conditions. Failure to take into account those conditions can result in loss of control of the aircraft. Loss of control can lead to injury or even death of the crew and passengers on board. When a passenger is traveling on an international itinerary and is injured due to some unexpected, unusual event external to the passenger, the airline generally will be strictly liable for the passenger’s injuries under the Montreal Convention.”

Passengers seeking further information about these or other incidents and legal remedies available may complete the Contact Form at www.wisner-law.com or call Wisner Law Firm at (630) 262-9434. Wisner Law Firm partners can also be reached directly: Floyd Wisner at faw@wisner-law.com or Alexandra Wisner at awisner@wisner-law.com.