Canada, Ukraine and the U.S. have all demanded that Tehran pay compensation to the families of those killed when Ukraine International Airlines flight 752 was shot down last week.
shot down an Iranian airlinerIn that case, the American sailors—on high alert following multiple clashes with Iranian forces—misidentified Iran Air Flight 655 as an enemy aircraft and shot it down.
"In the event litigation can be maintained in the United States, of course, the compensation figures would be much more significant." "The fact that multiple countries are implicated in this case complicates matters because it could result in unfair or disparate treatment for passengers' families," Marks said."The best way forward would be for the countries whose interests are implicated in the tragedy to speak with one voice to seek justice."
"The assessment of damages is highly individualistic and involves assessments of lost financial support which in turn requires an assessment of what the decedent would have earned," he explained. Fiorante said those affected could also claim against the carrier. If the missile strike is considered an accident—which he said is likely under the 1999 Montreal Convention, to which Canada and Ukraine are signatories but Iran is not—then the carrier could be held liable by a Canadian court.
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