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Germanwings crash: details emerge of the co-pilot who crashed his plane - live updates Germanwings crash: police search home of co-pilot who flew plane into mountain - rolling report
(35 minutes later)
10.44am AEST23:44
Aviation lawyers: pilots alone in cockpit 'a known risk'
Lufthansa and its subsidiary Germanwings could face huge legal liabilities “well above the typical ceiling in airline crashes” over Tuesday’s crash, Reuters reports, citing aviation lawyers:
A lot will depend on whether the airline can defend itself against negligence claims given that prosecutors said on Thursday that a young German co-pilot locked himself alone in the cockpit of the Airbus A320 and set it on course to crash, killing all 144 passengers and six crew members.
An international agreement generally limits airline liability to around US$157,400 (£105,000, AU$200,000) for each passenger who dies in a crash if families do not sue, but if families want to pursue compensation for greater damages, they can file lawsuits.
Lawyers who have represented families in past airline disasters told Reuters on Thursday that potential lawsuits could focus on whether Germanwings properly screened the co-pilot before and during his employment, and on whether the airline should have had a policy requiring two or more people in cockpits at all times during a flight.
Justin Green, a partner at the law firm Kreindler & Kreindler in New York, said passengers’ families would be justified in asking why Andreas Lubitz was allowed to be alone in the cockpit.
Pilots may temporarily leave the cockpit at certain times and in certain circumstances, such as while the aircraft is cruising, according to German aviation law.
Even if the practice was allowed, though, “this has been a known risk,” Green said. He noted that some investigators believed that pilots intentionally downed a SilkAir aircraft in 1997 and an EgyptAir aircraft in 1999.
“This idea that one pilot could murder everyone on board and kill himself is something that’s happened before and something that everyone knew about,” Green said.
Lufthansa will abide by international agreements dictating liability, its chief executive Carsten Spohr said. “Honestly, it’s one of my smaller worries,” he told journalists on Thursday. “We will be able to meet the financial liabilities. Our first priority is to help the families where we can.”
Under an international agreement known as the Montreal Convention of 1999, an airline generally cannot escape liability for a passenger death.
For each death, a carrier can be liable for up to 113,100 special drawing rights, a reserve asset created by the International Monetary Fund. On Tuesday, the amount was equal to about $157,400, or $22.7m for 144 passengers.
The potential lawsuits for additional damages could be filed in any of several jurisdictions, including Germany, where Germanwings is based, and a number of different home countries of the passengers, such as Spain.
Passengers’ families are limited to claiming provable damages, which vary depending on the jurisdiction but may include loss of support and pain and suffering, the lawyers said.
Bruce Ottley, co-director of the International Aviation Law Institute at DePaul University College of Law, said he was sceptical that Germanwings would need to pay above the Montreal Convention limit unless there is evidence the airline knew in advance the co-pilot was at risk.
But Ottley said airlines choose to settle legal claims in the vast majority of crashes, so the issues may never go to a judge or jury. “Very rarely do these things ever, ever go to trial,” he said.
For Germanwings to limit its liability, it would have to establish that it and its employees and agents were not in any way at fault or that the accident had been caused solely by the fault of a third party, said Clive Garner, a partner at the law firm Irwin Mitchell in London. The firm has represented passengers’ families in other aviation accidents, including a crash in Nepal in 2012.
“Given this scenario and what we know at the moment, Germanwings would be unlikely to be able to establish a relevant defence,” Garner wrote in an email.
A $6.5m claim for the loss of the plane itself was paid on Wednesday, insurance industry sources said.
Germany’s Allianz is the lead insurer in the case, sharing the financial burden of the loss with other insurance companies.
Updated at 10.44am AEST
10.29am AEST23:29
Spanish newspaper El Pais also leads its Friday edition with the questions over why Lubitz forced the plane to descend:
Investigan la razón por la que el copiloto estrelló el avión; Arabia Saudí bombardea Yemen... http://t.co/iNlxYJigcv pic.twitter.com/mKfECtdr5j
10.14am AEST23:1410.14am AEST23:14
Luke Harding adds these observations after scouring the local press:Luke Harding adds these observations after scouring the local press:
According to Der Spiegel, citing friends of the pilot, Lubitz broke off his training because he was suffering from “burn-out syndrome or depression”.According to Der Spiegel, citing friends of the pilot, Lubitz broke off his training because he was suffering from “burn-out syndrome or depression”.
Neighbours, however, said he showed no sign of unhappiness or stress. One friend quoted by the local Rhein-Zeitung newspaper posted on a social network: “Only yesterday we talked about what we could do after you got back. Every day you made me laugh...” Neighbours, however, said he showed no sign of unhappiness or stress. One friend quoted by the local Rhein-Zeitung newspaper posted on a social network: “Only yesterday we talked about what we could do after you got back. Every day you made me laugh …”
Others described Lubitz as a “completely inconspicuous” young man who could be often seen jogging round the neighbourhood.Others described Lubitz as a “completely inconspicuous” young man who could be often seen jogging round the neighbourhood.
Every Spring between 2010 and 2013 he took part in the Lufthansa half marathon in Frankfurt, clocking up a time on his last run of 1 hour and 37 minutes. When not jogging he wore jeans, rather than his pilot’s uniform. Every spring between 2010 and 2013 he took part in the Lufthansa half marathon in Frankfurt, clocking up a time on his last run of 1 hour and 37 minutes. When not jogging he wore jeans, rather than his pilot’s uniform.
Updated at 10.25am AEST
10.12am AEST23:1210.12am AEST23:12
Meanwhile this was the scene earlier in Montabaur outside the home of Lubitz’s parents.Meanwhile this was the scene earlier in Montabaur outside the home of Lubitz’s parents.
10.07am AEST23:0710.07am AEST23:07
The papers have been rolling off the presses in Europe. Bild, the popular German tabloid has a different image of Lubitz.The papers have been rolling off the presses in Europe. Bild, the popular German tabloid has a different image of Lubitz.
BILD: Der Amok-Pilot #tomorrowspaperstoday pic.twitter.com/Y2wPeaVpq8BILD: Der Amok-Pilot #tomorrowspaperstoday pic.twitter.com/Y2wPeaVpq8
Updated at 10.25am AEST
10.00am AEST23:0010.00am AEST23:00
Our correspondent Luke Harding is in Montabaur. He has just sent this report:Our correspondent Luke Harding is in Montabaur. He has just sent this report:
German investigators have removed documents and a computer from the home of Andreas Lubitz in the small town of Montabaur, between Cologne and Frankfurt in the west of Germany.German investigators have removed documents and a computer from the home of Andreas Lubitz in the small town of Montabaur, between Cologne and Frankfurt in the west of Germany.
Lubitz grew up in Montabaur – population 15,000 – and attended the local Mons-Tabor Gymnasium or grammar school. There was no sign of his parents who are believed to have gone to the crash scene in France.Lubitz grew up in Montabaur – population 15,000 – and attended the local Mons-Tabor Gymnasium or grammar school. There was no sign of his parents who are believed to have gone to the crash scene in France.
Detectives were concentrating their search on two properties: Lubitz’s family home in Montabaur and a flat he is believed to have rented in Dusseldorf.Detectives were concentrating their search on two properties: Lubitz’s family home in Montabaur and a flat he is believed to have rented in Dusseldorf.
The family live in a large two-storey detached house, with a pleasant balcony, on Am Spiessweiher street, close to an apostolic church. Their garden is immaculately tended. It has daffodils, ornamental shrubs and a perfectly sculpted hedge. His mother played the organ in another evangelical church, neighbours said. Lubitz has a younger brother.The family live in a large two-storey detached house, with a pleasant balcony, on Am Spiessweiher street, close to an apostolic church. Their garden is immaculately tended. It has daffodils, ornamental shrubs and a perfectly sculpted hedge. His mother played the organ in another evangelical church, neighbours said. Lubitz has a younger brother.
One local said that he knew Lubitz “by sight” and saw him from time to time working out in the town’s fitness centre. “I just knew him to look at. He was a sporting kind of guy,” he said.One local said that he knew Lubitz “by sight” and saw him from time to time working out in the town’s fitness centre. “I just knew him to look at. He was a sporting kind of guy,” he said.
Lubitz attended the Mons-Tabor school, which offers students a humanist education, and completed his German high school diploma, the Arbitur, there in 2007.Lubitz attended the Mons-Tabor school, which offers students a humanist education, and completed his German high school diploma, the Arbitur, there in 2007.
9.56am AEST22:569.56am AEST22:56
Police have been searching the home of Lubitz in the German city of Dusseldorf as well as the family home in the town of Montabaur.Police have been searching the home of Lubitz in the German city of Dusseldorf as well as the family home in the town of Montabaur.
9.53am AEST22:539.53am AEST22:53
Welcome back to our continuing coverage of the Germanwings crash.Welcome back to our continuing coverage of the Germanwings crash.
The focus of the investigation has dramatically switched in the past 24 hours to focus on the co-pilot of flight 4U9525, Andreas Lubitz. It is now suspected he deliberately flew his plane, its passengers and crew into the side of a mountain in the French Alps killing all. The focus of the investigation has dramatically switched in the past 24 hours to focus on the co-pilot of flight 4U9525, Andreas Lubitz. It is now suspected he deliberately flew his plane, its passengers and crew into the side of a mountain in the French Alps, killing all.
Below is a summary of where we are with this tragic story and we will be updating as the day goes on.Below is a summary of where we are with this tragic story and we will be updating as the day goes on.
Updated at 10.26am AEST
9.53am AEST22:539.53am AEST22:53
SummarySummary
Here are the major developments in the aftermath and investigation of the Germanwings crash in the French Alps that killed 150 people.Here are the major developments in the aftermath and investigation of the Germanwings crash in the French Alps that killed 150 people.
Updated at 10.30am AEST