A person injured in an aviation accident is entitled to recover damages for the injury which they have sustained if the injured person can establish negligence on the part of the carrier.
There are however statutory limits to what can be claimed.
The applicable legislation that deals with civil aviation claims is the Civil Aviation (Carriers Liability) Act 1967 (Cth)
The legislation deals particularly with claims arising from accidents involving international carriers. Once the liability of the international carrier has been established then the assessment of damages is undertaken in accordance with the relevant law in New South Wales which is primarily encapsulated in the Civil Liability Act 2002 (NSW).
The Civil Aviation (Carriers Liability) Act 1959 (Cth) extends to the territories of Australia. Section 28 of the Act confirms that a carrier is liable for damages where the carriage of the passenger has resulted in the death or bodily injury of that passenger and that same arises from an accident which took place on board the aircraft or during any of the operations of embarking or disembarking.
Furthermore, carriers are also subject to certain international conventions or protocols. For example the Montréal Convention and the Warsaw Convention. There is also the Hague protocol which deals with the liability of carriers in substitution for civil liability under any other law in respect of an injury that has been occasioned. Therefore, it is often necessary for a detailed analysis to be undertaken to determine which convention or protocol applies to the particular accident.
Brydens Lawyers are the experts in the prosecution of claims on behalf of persons injured in an aviation accident. To determine whether you have any claim for compensation for injuries which you have sustained in such an accident contact Brydens Lawyers today.
For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.