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Families of victims in Yichun air crash to sue GE

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Families of victims in a recent air crash in northeastern China are planning to sue the General Electric Co (GE) for the US conglomerate's role as engine maker in the fatal accident, a lawyer said Thursday.

Yichun air crash.[File photo]

Wang Xinquan, with the Beijing Guo & Partners law firm, told the Global Times that more than 10 families of victims in the crash in Yichun have expressed their intentions to lodge a lawsuit against GE through his firm.

"The crashed aircraft was made by the Brazilian manufacturer Embraer. But its CF34-10E engine is a GE product. According to US law, if … the design or quality of the engine is related to the air crash, GE must be liable for compensation," he said.

The investigation is still underway into the deadliest commercial plane crash in China since 2004. A Brazilian-made ERJ-190 jet operated by Henan Airlines crashed upon landing August 24 at Lindu Airport in Yichun city in Northeast Heilongjiang Province, killing 42 people and injuring 54 onboard.

Li Guowei, a press officer at GE China, told the Global Times that GE is currently "assisting the US National Transportation Safety Board (NTSB), the Civil Aviation Administration of China (CAAC) and Henan Airlines in the investigation of this accident."

GE will follow proceedings if legal action is taken against it, Li said.

According to US Strict Product Liability laws, a plaintiff is required to demonstrate that a product caused an injury because it was defective; the reason for the defect is irrelevant.

In a statement to the Global Times Thursday, GE said it continually monitors and analyzes the performance of the CF34 fleet, which powered the aircraft in question.

"Based on the engine fleet's service history, we are not aware of any operational issues that would impact the continued safe flight of aircraft powered by these engines," the statement said.

Wang was optimistic of the chances his clients would have of winning the international lawsuit.

"The lawsuit will be lodged as soon as the cause of the air crash is publicized by Chinese authorities," Wang said.

The relatives were asked to sign an agreement August 30 saying they would forfeit any right to future lawsuits against the airline and its subsidies if they wanted to be fully eligible for a compensation of 960,000 yuan (US$142,700) each, according to a report on eeo.com.cn. If they didn't sign, they would be compensated only by insurance companies for up to half of that total amount, but would retain the right to sue.

Some families declined to sign the compensation agreement with Henan Airlines, as the families said it was merely a disclaimer statement in favor of the airline.

They preferred to retain the right to file additional lawsuits against the airline and relevant parties, including manufacturers of airplane parts, reports said.

Zheng Qiuhua, a relative of air crash victim Zheng Qiugui, told news portal qq.com that his family "received nothing more than a 'notice' about how much the complete compensation would be."

"We want to defend the dignity of the dead and know who should be responsible for the incident," Zheng was quoted as saying in the report.