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.

Aviation incident feed

Aircraft category

Warbird and vintage aircraft accidents

Accidents and serious incidents involving warbirds and other vintage and historic aircraft.

All aviation occurrences

Latest listing 5 Jul 2026
473 in the full feed

Aircraft categories

Aircraft category

Registration unknown Warbird and vintage
Yakovlev Yak-52

Location

Shute Harbour Airport, QLD

Operator

Not stated

Occurrence

Yakovlev Yak-52 Veers Off Runway During Landing (5 Jul 2026)

Listed 5 Jul 2026 Read report
REGVH-IBT Warbird and vintage
Yakovlev Yak-18T

Location

Watts Bridge Airport, QLD

Operator

Private

Occurrence

Yakovlev Yak-18T Makes Wheels-Up Landing (4 Jul 2026)

Listed 4 Jul 2026 Read report
REGVH-SFX Warbird and vintage
Supermarine Aircraft Spitfire Mk 26 (kit scale replica)

Location

Northam, WA

Operator

Private

Occurrence

Supermarine Aircraft Spitfire Mk 26 VH-SFX accident (24 Jun 2026)

Listed 24 Jun 2026 Read report
REGVH-PCL Warbird and vintage
De Havilland DH-82A Tiger Moth

Location

Scone, NSW

Operator

Pay’s Air Service

Occurrence

de Havilland DH-82A Tiger Moth incident (29 Mar 2026)

Listed 8 Apr 2026 Read report
REGVH-IXF Warbird and vintage
Supermarine Spitfire IX

Location

Scone, NSW

Operator

Pay's Air Service Holdings Pty Ltd

Occurrence

Spitfire IX gear-up landing at Scone Airport NSW (26 Mar 2026)

Listed 26 Mar 2026 Read report
REGVH-RAY Warbird and vintage
de Havilland DH-82A Tiger Moth

Location

South Grafton, NSW

Operator

Not stated

Occurrence

Tiger Moth noses over during landing at South Grafton (30 Nov 2025)

Listed 5 Dec 2025 Read report
REGVH-YGR Warbird and vintage
Yak-52

Location

Samsonvale, QLD

Operator

Not stated

Occurrence

Yak-52 forced landing near North Pine Dam, Samsonvale, Queensland (19 Nov 2025)

Listed 19 Nov 2025 Read report
Talk to a lawyer

Hurt in a vintage aircraft accident?

Passengers, pilots and crew can talk to an aviation injury lawyer about what happened. No-obligation first consultation, no win, no fee*.

Call 1300 529 529 Send an enquiry

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.

Read the aviation FAQ

Find your claim

Road Accidents

Work Accidents

Travel Accidents

Medical Mistakes

Public Liability

Recreational

Professional Negligence

Defective Products

Other Claims

Find a class action

Active

Investigation

In preparation

Settled

Knowledgebase

Warbird and vintage aircraft accidents

Aircraft categories

Latest in this category

Yakovlev Yak-52

Yakovlev Yak-18T

Supermarine Aircraft Spitfire Mk 26 (kit scale replica)

De Havilland DH-82A Tiger Moth

Supermarine Spitfire IX

de Havilland DH-82A Tiger Moth

Yak-52

Questions about aviation injury claims