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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REGPK-AXY Airline
Airbus A320-216

Location

Perth Airport, WA

Operator

Indonesia AirAsia

Occurrence

AirAsia Airbus A320 engine compressor stall forces return to Perth (24 Aug 2025)

Listed 18 Oct 2025 Read report
REGVH-ZPN Airline
Saab 340B+

Location

Adelaide Airport, SA

Operator

Regional Express (REX)

Occurrence

REX Saab 340B+ aborts take-off after engine fire warning (8 Oct 2025)

Listed 10 Oct 2025 Read report
REGG-ZBKL Airline
Boeing 787-9

Location

Sydney Airport, NSW

Operator

British Airways

Occurrence

British Airways Boeing 787-9 returns after smoke report (8 Sep 2025)

Listed 9 Sep 2025 Read report
REGZK-NZR Airline
Boeing 787-9

Location

Near Tasmania

Operator

Air New Zealand

Occurrence

Air New Zealand Boeing 787-9 diverts after engine fuel indication (14 Aug 2025)

Listed 2 Sep 2025 Read report
REGVH-ZLS Airline
Saab 340B+

Location

Near Oakey, QLD

Operator

Rex Airlines

Occurrence

Rex Saab 340B+ cockpit window crack forces precautionary descent (18 Aug 2025)

Listed 22 Aug 2025 Read report
REGVH-HEF Airline
Saab 340B+

Location

Sunshine Coast, QLD

Operator

Link Airways

Occurrence

Link Airways Saab 340B+ returns after engine fire warning (19 Aug 2025)

Listed 19 Aug 2025 Read report
REGVH-IJR Airline
Boeing 737-8SA

Location

Near Port Macquarie, NSW

Operator

Virgin Australia Airlines

Occurrence

In-flight depressurisation forces emergency descent near Port Macquarie (13 Aug 2025)

Listed 17 Aug 2025 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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