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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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-VQA Airline
Airbus A320-232

Location

Cairns Airport, QLD

Operator

Jetstar Airways

Occurrence

Jetstar cabin crew hospitalised after unusual smell on flight (30 May 2024)

Listed 1 Jul 2024 Read report
REGVH-SAJ Airline
BAe 146-300

Location

Brisbane International Airport, QLD

Operator

ASL Airlines Australia (operating for Qantas)

Occurrence

Tailstrike incident involving Qantas BAe 146-300 at Brisbane (25 Jun 2024)

Listed 1 Jul 2024 Read report
REGJA13XJ Airline
Airbus A350-941

Location

Tokyo-Haneda Airport, Japan

Operator

Japan Airlines

Occurrence

Japan Airlines A350 collides with Coast Guard aircraft at Haneda (2 Jan 2024)

Listed 2 Jan 2024 Read report
REGVN-A819 Airline
Boeing 787-9 Dreamliner

Location

Melbourne-Tullamarine Airport, VIC

Operator

Bamboo Airways

Occurrence

Boeing 787-9 runway overrun during takeoff at Melbourne (18 Sep 2023)

Listed 18 Sep 2023 Read report
REG9M-MTL Airline
Airbus A330-323

Location

Melbourne-Tullamarine Airport, VIC

Operator

Malaysia Airlines

Occurrence

Malaysia Airlines A330 runway overrun during takeoff at Melbourne (7 Sep 2023)

Listed 7 Sep 2023 Read report
REGVH-YQR Airline
Boeing 737-8FE (WL)

Location

77 nm west of Ballina, QLD

Operator

Virgin Australia Airlines Pty Ltd

Occurrence

Rudder trim activation causes unexpected yaw during cruise (6 Sep 2023)

Listed 6 Sep 2023 Read report
REGC-FIUF Airline
Boeing 777-233LR

Location

Sydney-Kingsford Smith International Airport, NSW

Operator

Air Canada

Occurrence

Bird strike damages Air Canada Boeing 777 near Sydney airport (26 Apr 2023)

Listed 26 Apr 2023 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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