Who can be held liable if I'm injured in an aviation accident?

Depending on the circumstances, liability may rest with the airline or air carrier, the aircraft operator, a maintenance provider, a manufacturer of defective aircraft parts, or another party whose negligence contributed to the accident. For most passenger flights, the operating carrier is the primary party responsible under the applicable carriers' liability regime. Establishing who is legally responsible requires investigating how and why the accident occurred.

Do I have to prove the airline was negligent to make a claim?

For international passenger carriage governed by the Montreal Convention 1999, you generally do not need to prove airline fault for bodily injury caused by an accident on board or during embarking or disembarking, up to the first-tier threshold. Above it, the carrier can avoid liability by proving no fault by the carrier, its servants or agents, or that the damage was caused solely by a third party’s fault. Passenger contributory negligence may reduce recovery in either tier. Domestic carriage follows separate rules and limits.

Is there a time limit for making an aviation injury claim?

Yes, and it is strict. Under both the Montreal Convention (Article 35) and the Civil Aviation (Carriers' Liability) Act 1959, court proceedings must generally be commenced within two years of the date the aircraft arrived, or ought to have arrived, at its destination. Missing this deadline can permanently extinguish your right to compensation, so it is important to seek advice early.

Does the same law apply to domestic and international flights?

No. International carriage to or from Australia is governed by the Montreal Convention 1999, given effect through the Civil Aviation (Carriers' Liability) Act 1959. Domestic flights within Australia are covered by the domestic provisions of that Act and complementary state legislation. Both regimes apply strict liability and a two-year time limit, but the liability limits and some details differ.

What compensation can I recover after an aviation accident?

Compensation may include damages for your injuries, past and future medical and rehabilitation costs, loss of past and future income or earning capacity, care and assistance, and out-of-pocket expenses. Where a passenger has died, dependants may be able to claim. The carriers' liability regime sets thresholds and, for some claims, statutory limits on the amount recoverable.

What should I do after being injured in an aviation accident?

Seek medical attention promptly and keep records of your treatment and expenses. Report the incident and retain your ticket, booking details and any correspondence. Because strict two-year time limits apply and aviation claims are legally complex, obtain advice from an experienced aviation injury lawyer as soon as possible. You can call Carter Capner Law on 1300 529 529.

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Aircraft category

Airline accidents and incidents

Accidents and serious incidents on airline flights in Australia and overseas, from severe turbulence to ground collisions.

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Latest listing 1 Nov 2026
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Aircraft categories

Aircraft category

REGVH-VKH Airline
Boeing 787-8 Dreamliner

Location

Sydney, NSW

Operator

Jetstar Airways

Occurrence

Tire damage forces Boeing 787 to return to Sydney Airport (27 Nov 2024)

Listed 27 Nov 2024 Read report
REGVH-VYH Airline
Boeing 737-838(WL)

Location

Sydney, NSW

Operator

Qantas

Occurrence

Engine failure during take-off at Sydney Airport (8 Nov 2024)

Listed 8 Nov 2024 Read report
REGVH-NHZ Airline
Fokker 100

Location

Near Geraldton, WA

Operator

QantasLink

Occurrence

Fokker 100 experiences in-flight pitch oscillations near Geraldton (21 Oct 2024)

Listed 21 Oct 2024 Read report
REGVH-UYR Airline
Embraer 190AR

Location

Townsville to Brisbane, QLD

Operator

Alliance Airlines / QantasLink

Occurrence

QantasLink flight diverts to Rockhampton after pressurization issue (17 Sep 2024)

Listed 17 Sep 2024 Read report
REGVH-ZNC Airline
Boeing 787-9 Dreamliner

Location

Perth Airport, WA

Operator

Qantas Airways

Occurrence

Qantas Boeing 787-9 tire burst causes wing damage at Perth (24 Aug 2024)

Listed 24 Aug 2024 Read report
REGVH-VFL Airline
Airbus A320-232

Location

Melbourne Airport, VIC

Operator

Jetstar Airways

Occurrence

Passenger opens emergency exit door at Melbourne Airport gate (22 Aug 2024)

Listed 22 Aug 2024 Read report
REG9M-MTJ Airline
Airbus A330-323

Location

Alice Springs, NT

Operator

Malaysia Airlines

Occurrence

Malaysia Airlines A330 diverts to Alice Springs due to engine trouble (20 Aug 2024)

Listed 21 Aug 2024 Read report
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Questions about aviation injury claims

Liability, time limits, domestic and international flights, and what to do after an accident. General information only, not legal advice.

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