INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW accidents and incidents involving the aircraft of the leading American manufacturer. 2. BOEING INCIDENTS IN RECENT YEARS: FROM THE BOEING 737-8 MAX TO THE 737-9 MAX The Boeing 737 MAX family has been constantly criticized and cause for concern since the two plane crashes of LionAir and Ethiopian Airlines, both of which occurred on a 737-8 in 2018 and 2019, respectively. And this concern has been contributed to by this new incident, occurring this time on the 737-9 MAX model, which was designed to offer greater passenger capacity and efficiency on long-range routes, due to the fact that it shares quite a few characteristics the 737-8 MAX from the same family. While it is not our intention to expand on the reasons that led Boeing to carry out a redesign of the 737-8, it is worth remembering that, at the time, the FAA, as the aviation authority, inevitably took a crucial role in the investigation of the two accidents in 2018 and 2019 alongside the National Transport Safety Board (NTSB), and determined that the MCAS (Maneuvering Characteristics Augmentation System) software, which had been designed to prevent loss of lift in certain flight conditions, was incorrectly activated due to erroneous sensor data, causing the aircraft to lose control10. As a result of those accidents, 737-8 MAX operations were suspended worldwide, and extensive revisions and modifications were made to the aircraft's design and software. This, not surprisingly, triggered an unprecedented crisis, not only for Boeing, but also for aviation regulatory agencies worldwide, as major flaws were detected in the certification process of the aircraft, including a lack of transparency by the manufacturer on the existence and functionality of the MCAS and poor oversight by the FAA. Possible similarities in these types of contributing factors in the flight 1282 incident remain to be elucidated. On the other hand, we must emphasize that this type of incidents and accidents cause damages of great magnitude, referring first of all to personal damages, but also to material, financial and reputational damages for the airlines. These damages, whether or not they are insured, and whether or not they are borne by the airlines, should not occur in an industry as important 10 For better reference, we refer to the report published by the FAA, dated 18th November 2020.
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