Families of Victims of Dana Air Mishap Are Entitled to More than $100,000

Scene of crashed flight 992
By Femi Falana

Last week, the Management of Dana Airline announced that compensation of $100,000 would be  paid  to the dependants of each of the passengers killed in the tragic crash which occured in Lagos on Sunday, June 3, 2012 in accordance with the provisions of the law. Since the statement does not represent the correct state of the law  it is pertinent to state as follows:
 
(1) The said sum of $100,000 is the first tier  payment otherwise known as Special Drawing Right under Article 17 of the Montreal Convention. It is not an extra payment but a strict liability amount payable under the Convention which has been domesticated in Nigeria.

(2) The dependants of the deceased are also entitled to special  and general damages which may not be less than N100 million per passenger depending on the responsibilities borne by each of them in their lifetime. Such amount of money  for loss of expectation of life is payable   by Dana Airline for gross negligence arising from the plane with defective dual engines and the Federal Government for failure to enforce the relevant regulations, failure to provide emergency landing for the plane and the inexplicable delay in providing the fire service equipment and medical services and other acts of  gross negligence which led to the avoidable death of the passengers and the crew.
 

 
(2) The dependants of the  members of the public who were killed at the site of the crash are equally entitled to a greater amount of compensatory damages because the deprivation of the  fundamental right to life of such persons is illegal and unconstitutional.
 
(3) The owners and tenants of the houses that were burnt or touched by the  fire that gutted the aircraft are entitled to have them rebuilt or replaced by Dana Airline and the Federal Government. I have confirmed that the provision of dehumanising accommodation for them in dormitories at a refugee camp at Agege in the outskirts of Lagos has increased the mental and psychological  trauma unleashed on such  innocent victims. If the accident had occured in Ikoyi or Victoria Island would the Lagos State  Government have taken the victims to a refugee camp at Agege? As the occupants are entitled to have their  houses rebuilt they should  not be kept in transit camps  but in hotels or decent houses whose expenses should be borne  by Dana Airline and the Federal Government. In other countries passengers whose flights are cancelled are always lodged in hotels by defaulting airlines. Why then should the occupants of the houses destroyed by the Dana inferno  be turned to beggars or refugees as a result of the  avoidable tragedy?
 
In view of the foregoing the Federal Government and the Management of Dana Airline should embark on the payment of just and  fair  compensation to  the dependants of the passengers and crew in the aircraft,  the  members of the public who were killed  as well as the people displaced as a result of the crash. Having requested the Lagos State Chief Coroner to set up an inquest into the tragic crash we shall press for payment of adequate reparation to all the families  of the crash victims  by the Federal Government and Dana Airline. Just recently the Coroner directed the Dangote Sugar Company to pay  compensation to the dependants  of those who were killed in the ghastly motor  accident caused by the driver of one of its tankers on the Lagos-Ibadan Expressway on August 16, 2010.  
 
Femi Falana.

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FALANA' STANCE.

FALANA 'S STANCE. I don't blame those negative critics, what do they know ?In Nigeria, we've lived under deprivations for so long, that, when your rights are read to you, even under beneficial circumstances ( to you ) you would still want to remain in your quagmire. This is evident in the quality of life we live in the country and still feel blessed. what we shuold all do is; back people like Falana up to pave way to making coperate bodies bear real stern responsibility for their nonchallant attitude towards their products and services .UP FALANA.

More of FEMI FALANA

To the nitwit that says Femi Falana is wrong, I hope someday you need someone like Mr Falana to have the guts to 'act like God' as you stupidly put it! Where is your brain (assuming you own one)? What is the price of a life you moron?
All the money is not enough if DANA air is found to be culpable. My guess is that as SOSOLISO quietly went away, DANA air will cease, another airline will take over its slot, Nigerians will make a little noise for a little while then the matter will go away.
The big men's family in the passenger list will some dough and the rest will just be another statistic.
As for those on ground, I can only sympathise because in Nigeria, I will be very surprised if they get N100k how much more N100m ...in 10years from now!
Nigeria needs more Femi Falanas and not silly wretched idiots like you!

Entitlement is $2,500,000 per victim

I was shocked when I learnt of the amount being offered. I read some time ago that the aviation industry & insurance companies generally make their calculations at the rate of two and a half million dollars ($2,500,000) per life lost in an accident. The tragedy has occurred. The best we can do now is get justice for the victims by making the culpable pay.

Yes, run them out of business totally!

God bless you Falana for coming out with this piece. If this accvident were to happen in other climes, these are the exact things that Dana would be culpable of. I wonder why our lawyers had to wait this long until Falana came out to bell the cat. In any case, our so-called lawyers are used to cheap money from politics. If Dana were to operate in Europe, it would have been run out of business by compensation demands and many lawyers would have made good money from no-win-no-fee ventures. In fact, the victims and their relations/dependants would have been inundated by requests by lawyers to take up their briefs free of charge. However, the problem is that our judiciary is compromised and full of virus and for cheap bungs from these corrupt Indians I doubt if what Falana outlined above could be successful- not when the Awokulehins still bestrides the Nigerian bench.

God bless you Femi Falana

God bless you Femi Falana. Your question is so apt. If the incident had happened in Ikoyi or VI, would the government have put the displaced persons in a camp at agege? i hope these guys would be adequately compensated. something urgent should be done about rehabilitating them as they would have been traumatized by the experience.

Dana crash

The likes of you(Femi Falana) should stand up and defend the rights of the victims and reopen the sosoliso case to ensure that families of victims are adequately paid what they are due to. Please do this for prosperity.

good work.

i hope nigerian could just have more people fighting for the citizens of the country like femi falana is doing.thank you MR falana

Your comments are very wrong

Your comments are very wrong and unjustified. You are playing God with what you say above. Who do you think you are in making the accusations that you do. Cheap media - that is what you are. Femi Falana you do not know what you write.