According to the BBC a report is being conducted by the UK’s Air Accidents Investigation Branch (or AAIB) in to the accident but it has yet to be finalised. However, in the interim reports which it has produced on the cause of the crash it appears that both of the vehicles engines suffered from a reduced fuel flow as the plane was coming in to land and there is a belief that it is possible that ice may have accumulated in the plane’s fuel system.
The allegation being put forward by the injured parties is that the vehicle was defective and the expert reports indicate that the fault may be common to other 777s as well, making it an actual manufacturing deficiency, rather than a one off fault.
The problem which occurred is known as an engine rollout or sudden power loss. In the US following these reports the National transportation Safety Board issued an urgent safety recommendation in March 2009 to redesign part of the engine to eliminate the potential for ice build up.
A key factor in deciding where blame lies for this incident may come down to the final report of the AAIB. If they, in their independent capacity, feel that the manufacturers of the aircraft have fallen below the standards of safety required of them then Boeing may be very vulnerable to these claims.
There will also be a necessity to prove causation. That means that the solicitor will have to prove not only that the incident was the responsibility of the Boeing but that the injuries which the claimant’s suffered were as a result of the accident. It seems likely if the final report follows in the same vein as the two interim reports that it will be very difficult for Boeing to deny that they were liable for the accident and it would be expected that they take appropriate measures to address the problem and reduce the chances of such an event reoccurring.