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 5 Sep 2026
473 in the full feed

Aircraft categories

Aircraft category

REGVH-VUR Airline
Boeing 737-8FE (WL)

Location

Melbourne, VIC

Operator

Virgin Australia Airlines

Occurrence

Boeing 737-8FE (WL) VH-VUR incident (15 Jun 2026)

Listed 15 Jun 2026 Read report
REGVH-YQG Airline
Boeing 737-8FE (WL)

Location

Brisbane, QLD

Operator

Virgin Australia Airlines

Occurrence

Boeing 737-8FE (WL) VH-YQG hard landing incident (26 May 2026)

Listed 26 May 2026 Read report
REGVH-OFW Airline
Airbus A321-251NX (LR)

Location

Olympic Dam, SA

Operator

Jetstar Airways

Occurrence

Airbus A321-251NX (LR) VH-OFW incident (25 May 2026)

Listed 25 May 2026 Read report
REGB-18902 Airline
Airbus A350-941

Location

Melbourne, VIC

Operator

China Airlines

Occurrence

Airbus A350-941 incident (14 Apr 2026)

Listed 14 Apr 2026 Read report
REGN524DN Airline
Airbus A350-941

Location

East of Sydney, NSW

Operator

Delta Air Lines

Occurrence

Severe turbulence injures five passengers on Delta A350 descent (20 Mar 2026)

Listed 20 Mar 2026 Read report
REGVH-YFU Airline
Boeing 737-8FE

Location

Melbourne, VIC

Operator

Virgin Australia Airlines

Occurrence

Passenger vape battery thermal runaway during approach to Melbourne (15 Mar 2026)

Listed 15 Mar 2026 Read report
REGVH-HMG Airline
Cessna 402C

Location

Jandakot, WA

Operator

Paul Lyons Aviation Pty Ltd

Occurrence

Cessna 402C runway incursion near collision at Jandakot Airport (3 Mar 2026)

Listed 4 Mar 2026 Read report
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Questions about aviation injury claims

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