Recently, a tragic and rare aviation event happened when a Turkish Airlines flight from Seattle to Istanbul made an emergency landing at New York's John F. Kennedy International Airport (JFK) following the unexpected death of the captain mid-flight. The incident raises many legal questions surrounding aviation safety and liability considerations. In this blog, we’ll look at the legal framework of emergency landings and the responsibility of airlines in such situations.
Turkish Airlines Flight 204 departed from Seattle on the night of Tuesday, October 8th, 2024, with the expectation of a routine flight to Istanbul. But sometime during the flight, Captain İlçehin Pehlivan, 59, lost consciousness. Despite medical intervention on board, efforts to revive him were unsuccessful. The co-pilot decided to divert the aircraft and make an emergency landing at JFK, where the plane landed safely just before 6 a.m.
Turkish Airlines confirmed that the late captain had undergone a health check in March, and no problems were found that would have prevented him from working. The airline has extended condolences to the captain's family and colleagues and helped passengers with alternative travel arrangements.
This incident raises several legal questions surrounding aviation safety protocols, the scope of airline liability in unforeseen emergencies, and the rights of passengers affected by flight diversions.Â
For the safety of crew members and passengers, airlines must meet international safety standards. Pehlivan’s routine health check in March is an example of the routine medical checks that airlines carry out to ensure flight crews are fit for duty.
Aviation regulations such as those set by the International Civil Aviation Organization (ICAO) and the Federal Aviation Administration (FAA) mandate contingency procedures for unexpected medical emergencies that arise during flights. The swift response of the co-pilot shows compliance with these protocols. His decision to make an emergency landing aligns with the legal duty of care owed to passengers and crew, which supersede any potential disruptions or delays.
This incident may lead to discussions about whether airlines should begin screening senior crew for frequent health checks, given the high-stress nature of the job. Annual health checks are standard, but regulatory bodies may consider more rigorous certification requirements for senior pilots.
The sudden death of a captain on a flight is a liability question. In this case, Turkish Airlines said the captain was medically cleared, implying the airline had met its duty to see that its crew was fit. In cases where there is no negligence, meaning that no failure to do appropriate medical reviews can be proven or shown, the airline will most likely not be held responsible for the accident itself.
Liability might come into play, however, if passengers suffered emotional distress or financial losses as a result of the flight’s diversion. Airlines are not generally responsible for compensating for medical emergencies not within their control. Still, passengers who experience delays or disruptions may try to invoke EC 261/2004 regulations to claim compensation for such situations according to the applicable aviation regulations. However, in this case, because the flight originated from the U.S. and was rerouted to New York, U.S. law and Turkish aviation policies will both come into play regarding any claims.
After an emergency landing, airlines have a duty to minimize inconvenience for passengers. As soon as Turkish Airlines could, they coordinated alternative flights and support for affected passengers. As far as the aviation laws are concerned, passengers are entitled to care or compensation, which means they are given meals and accommodations if there is a delay or diversion.
The airline has not yet said whether it will pay passengers more than these measures, and affected passengers may look to travel insurance or claims under the airline’s terms and conditions for reimbursement. In these situations, it is important to have clear communication and logistical support to avoid any further legal complications.
The unfortunate death of Captain Pehlivan on the Turkish Airlines emergency landing is yet another reminder that aviation is never completely predictable. The airline appears to have acted within the boundaries of the safety protocols, underlining how essential robust contingency planning is. Following the incident, aviation regulators may revisit their medical evaluation processes for flight crew members to more carefully reduce risks as they move forward.
It's important for passengers affected by flight diversions or other travel disruptions to know what their rights are and what options they have for compensation. If you were impacted by a flight diversion or have questions about your rights and potential compensation, it is advisable to consult with an attorney experienced in aviation law to explore your options.
