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 1 Nov 2026
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Aircraft categories

Aircraft category

REGVH-A2T Airline
Embraer ERJ-190AR

Location

Cairns Airport, QLD

Operator

Alliance Airlines

Occurrence

Embraer E190 gear overspeed on departure from Cairns Airport (24 Jul 2025)

Listed 31 Jul 2025 Read report
Registration unknown Airline
Boeing 737-800

Location

Melbourne-Tullamarine Airport, VIC

Operator

Virgin Australia

Occurrence

Virgin Australia Boeing 737 damaged by tug collision at Melbourne Airport (27 Jul 2025)

Listed 29 Jul 2025 Read report
REGDQ-FAE Airline
Boeing 737 MAX 8

Location

Brisbane International Airport, QLD

Operator

Fiji Airways

Occurrence

Fiji Airways Boeing 737 MAX 8 struck by aerobridge at Brisbane (26 Jul 2025)

Listed 28 Jul 2025 Read report
REGVH-YFY Airline
Boeing 737-8FE

Location

Near Hobart, TAS

Operator

Virgin Australia

Occurrence

Lithium battery fire in overhead locker during approach to Hobart (21 Jul 2025)

Listed 24 Jul 2025 Read report
REGVH-OQH Airline
Airbus A380-842

Location

Sydney Kingsford Smith Airport, NSW

Operator

Qantas

Occurrence

Aerobridge strikes Qantas A380 at Sydney Airport (12 Jul 2025)

Listed 12 Jul 2025 Read report
REGVH-UVK Airline
Airbus A320-232

Location

Newman Airport, WA

Operator

Qantas Airways

Occurrence

Birdstrike during takeoff forces Qantas A320 to return to Newman (14 May 2025)

Listed 23 Jun 2025 Read report
REGVH-VZG Airline
Boeing 737-838

Location

Brisbane International Airport, QLD

Operator

Qantas

Occurrence

Qantas Boeing 737 collides with airbridge at Brisbane Airport (18 Jun 2025)

Listed 20 Jun 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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