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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REGVH-KDK Airline
Saab 340A

Location

Between Wagga Wagga and Cobar, NSW

Operator

Pel-Air Aviation Pty Ltd

Occurrence

In-flight electrical fire forces emergency descent to Cobar (23 Apr 2023)

Listed 23 Apr 2023 Read report
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