A court in Mexico has determined that inadequate maintenance caused a devastating 2018 aircraft accident in Cuba that claimed 112 lives, ordering the charter company responsible to compensate victim families with millions in damages.
Court records from March 31, obtained by The Associated Press, reveal that an independent aviation expert concluded the tragedy was an “institutional accident” resulting from maintenance neglect. The expert’s analysis, which supported the families’ claims, characterized the flight crew as a “final line of defense” who could not overcome the aircraft’s low-altitude emergency.
The ruling requires Mexican charter company Aerolíneas Damojh to provide $1.5 million in compensation to each family of the four Mexican crew members who initiated the legal action. The airline did not participate in court proceedings and was judged without representation present. While the aircraft’s insurance company was included in the lawsuit, it was ultimately exempted from financial responsibility.
The Boeing 737 aircraft crashed into a field shortly after takeoff from Havana’s José Martí International Airport, becoming one of Cuba’s most devastating aviation tragedies in recent history. Out of 113 passengers and crew aboard, only one Cuban woman survived the impact. The majority of those killed were Cuban nationals.
Cuban investigators concluded one year later that pilot error caused the accident. Mexican officials had previously suspended Aerolíneas Damojh temporarily and launched their own inquiry. Mexico’s Secretariat of Communications and Transportation did not respond to AP inquiries about their investigation’s current status.
Under the business name Global Air, Damojh had leased the Boeing 737 and Mexican flight crew to Cuba’s national airline, Cubana de Aviación. This leasing arrangement put the aircraft into operation despite documented concerns about the company’s operational history before the fatal crash.
Attorney Samuel González, representing the victim families, called the court decision a hard-fought and “groundbreaking ruling for Mexico.” He stated the judgment confirms what Damojh’s own maintenance supervisor admitted immediately in Havana when he told relatives the aircraft should not have been airborne.
“That plane flew over our heads for 10 years without maintenance,” González stated. “It crashed in Cuba, but it could have happened anywhere.”
AP reporters were unable to reach airline representatives for comment.
González indicated the airline may be pursuing bankruptcy protection, adding, “If it’s a fraudulent bankruptcy, we will press charges for that as well.”
In addition to this initial case, González confirmed that a broader class-action lawsuit representing all crash victims is proceeding. At the same time, criminal homicide charges have been filed with Mexico’s Attorney General’s Office targeting the company and other potentially liable parties.
González reported that the criminal probe has stalled because Cuban officials have not shared requested information. The Attorney General’s Office did not immediately respond to AP requests for updates on the case status.
