Surely if there was to be any successful form of litigation in this case it ought to be by either the airline and/or some of the crew and/or passengers on the aircraft against the airport or its owners for failing to adequately address the longstanding bird control issues in the airspace immediately surrounding the airport and in particular on the approach and departure paths to the airport.
If there was any obvious area of clear cut negligence that led to this accident taking place then that was surely it.
I really don't see how either the airline or the aircraft manufacturers can be held to blame in any shape or form for this particular incident.