Who is at fault and can you claim after an airline incident that causes injury?
South Africa
South African law is based on negligence and normally claims for an injury caused to a person can only be considered if you can establish negligence on the part of the person held responsible for the injury.
Aviation : Montreal Convention
However, in aviation, the Montreal Convention covers and provides for liability in most circumstances of international carriage. The only limitation to liability cover is that the passenger needs to have been onboard the airline's aircraft or in the course of any operations embarking or disembarking from the aircraft. Damage to or the loss of checked baggage is also included. South Africa is a member country which adopted the Convention which relates to the international carriage of passengers and baggage.
Singapore Airlines
The instance of aviation and injury claims came under the spotlight recently when Singapore Airlines flight SQ321 dropped thousands of feet suddenly throwing passengers and crew up to the ceiling of the plane. Twenty two people sustained spinal and spinal cord injuries; Six sustained skull and brain injuries; and Thirteen have injuries to their bones, muscles and other organs. The patients have been grouped according to their most severe injuries, but some do fall into multiple categories.
These are injuries that have the potential to impact them for the rest of their lives.
Liability limited
Liability to passengers is however limited by Article 20 of the Convention which states that the airline can be exonerated or partly exonerated from liability where there was any negligence or wilful default on the part of the passenger - this could be the case where the seat belt sign has been switched on, and the passenger fails to fasten his seatbelt - this emphasises the importance of obeying the airline staff and warnings given by the captain.
More details:
Here is an interesting article that more fully sets out the implications the Singapore Airlines incident has for the industry and measures that are likely to be implemented to reduce their exposure to risk and claims.