September 12, 2005

A US family who survived a plane crash that killed 40 people in Peru last month is planning to sue plane maker Boeing for unspecified damages, alleging a design fault, their lawyer said.

Manuel von Ribbeck, representing the Vivas family of New York state, told CPN radio the suit would be filed next week in Chicago, Boeing's corporate home. He declined to discuss how much the Vivas family was seeking in damages.

"There is a series of design and manufacturing flaws in this plane which make the company responsible, even if that did not cause the accident," von Ribbeck said.

The suit also will include United Airlines, which trained the crew, he said.

Boeing spokeswoman Liz Verdier said she could not comment in detail until the company saw the suit but added: "We will address any allegations they present."

No one was immediately available to comment at United or at the Peruvian state airline TANS, which operated the Boeing 737-200 plane that crashed on August 23.

The plane had 98 passengers and crew on board when it crashed in a swamp during a freak hailstorm in Peru's northern jungle as it was coming into land. The cause of the accident has not yet been established and an investigation is under way.

Von Ribbeck said poorly designed seats prevented many passengers from escaping.

"(The seats) broke their... hips, arms," he said. "Emergency lights didn't work, emergency ramps didn't open and the emergency doors didn't open completely."

Six members of the Vivas family, who are of Peruvian origin, were traveling at the back of the plane and managed to escape.

Another survivor, Julio Mera, told CPN "there was no (exit) ramp or anything like that. We were practically in the mud."

Von Ribbeck said his law firm had hired an accident reconstruction expert to investigate the cause of the crash. He said preliminary findings pointed to technical factors.

(Reuters)