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
505 in the full feed

Aircraft categories

Aircraft category

REGZK-OKN Airline
Boeing 777-319ER

Location

Brisbane International Airport, QLD

Operator

Air New Zealand

Occurrence

Boeing 777 struck by airbridge during ground operations at Brisbane (21 May 2025)

Listed 21 May 2025 Read report
REGVH-VXI Airline
Boeing 737-838

Location

North of Sydney, NSW

Operator

Qantas Airways

Occurrence

Captain medical emergency forces priority landing near Sydney (10 Mar 2025)

Listed 11 Mar 2025 Read report
REGVH-VZV Airline
Boeing 737-838 (WL)

Location

Near Sydney-Kingsford Smith International Airport, NSW

Operator

Qantas Airways

Occurrence

Smoke in cockpit forces Boeing 737 emergency return to Sydney (3 Mar 2025)

Listed 3 Mar 2025 Read report
REGVH-TQM Airline
de Havilland Canada DHC-8-315Q

Location

De Havilland Canada DHC-8-315Q at Mildura Airport, VIC

Operator

Eastern Australia Airlines

Occurrence

DHC-8 runway misalignment during takeoff at Mildura Airport (24 Feb 2025)

Listed 24 Feb 2025 Read report
REGVH-EBK Airline
Airbus A330-202

Location

Near Pormpuraaw, QLD

Operator

Qantas Airways

Occurrence

In-flight fumes force Qantas A330 diversion to Cairns (19 Jan 2025)

Listed 19 Jan 2025 Read report
REGA6-BLN Airline
Boeing 787-9 Dreamliner

Location

Melbourne, VIC

Operator

Etihad Airways

Occurrence

Boeing 787-9 rejects take-off at Melbourne Airport (5 Jan 2025)

Listed 5 Jan 2025 Read report
REGVH-QOD Airline
Bombardier DHC-8-402Q Dash 8

Location

Broken Hill Airport, NSW

Operator

Sunstate Airlines

Occurrence

Hard landing and go-around at Broken Hill Airport NSW (26 Dec 2024)

Listed 26 Dec 2024 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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Boeing 777-319ER

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Bombardier DHC-8-402Q Dash 8

Questions about aviation injury claims