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-RXE Airline
Saab 340B

Location

Near Forbes, NSW

Operator

Rex Airlines

Occurrence

Rex Airlines Saab 340B diverts after in-flight electrical fault (22 Feb 2026)

Listed 24 Feb 2026 Read report
REGZK-TXB Airline
Boeing 737-8BK

Location

Melbourne, VIC

Operator

Team Global Express (trading as Texel Air Australasia)

Occurrence

Runway incursion forces high-speed rejected take-off at Melbourne (17 Feb 2026)

Listed 19 Feb 2026 Read report
REGVH-WAJ Airline
Fairchild SA227-DC Metro 23

Location

Geraldton, WA

Operator

Skippers Aviation

Occurrence

Fairchild SA227-DC Metro 23 Hydraulic Problem (17 Feb 2026)

Listed 17 Feb 2026 Read report
REGDQ-FAN Airline
Airbus A350-941

Location

Sydney-Kingsford Smith International Airport, NSW

Operator

Fiji Airways

Occurrence

Cargo hold fire forces evacuation of Fiji Airways A350 at Sydney gate (3 Feb 2026)

Listed 10 Feb 2026 Read report
REGVH-VEZ Airline
Saab 340B+

Location

Canberra Airport, ACT

Operator

Link Airways (trading as Corporate Air)

Occurrence

Left main landing gear wheel detaches during climb from Canberra (29 Jan 2026)

Listed 10 Feb 2026 Read report
REGB-KQH Airline
Boeing 777-367ER

Location

Melbourne-Tullamarine Airport, VIC (MEL/YMML)

Operator

Cathay Pacific Airways

Occurrence

Cathay Pacific Boeing 777 Damaged by Ground-Handling Vehicle (3 Feb 2026)

Listed 3 Feb 2026 Read report
REGVH-XVT Airline
Embraer ERJ-190AR

Location

Near Kempsey, NSW

Operator

QantasLink, opb Alliance Airlines

Occurrence

Embraer ERJ-190AR Crew Member Injured in Turbulence (1 Feb 2026)

Listed 1 Feb 2026 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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