AustraliaAn airline claims it's not liable for my injury because it took all necessary precautions. Is this a valid defence?
No, an airline cannot avoid liability simply by claiming it took 'all necessary precautions' — under Australian law, it owes a strict duty of care to passengers and is liable for injuries caused by accidents on board or during embarkation/disembarkation.
What the Law Says
Australian law imposes strict liability on airlines for passenger injuries arising from accidents during air travel, meaning the airline’s internal precautions do not automatically excuse liability.
The Montreal Convention 1999 — which Australia has incorporated into domestic law — governs international carriage by air. Under Article 17(1), an airline is liable for damage sustained in case of death or bodily injury of a passenger 'if the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.'
This liability is strict: it does not depend on proving negligence or fault. The airline cannot defend itself merely by showing it took 'all necessary precautions' — what matters is whether an 'accident' occurred and caused the injury.
Australia gives the Montreal Convention the force of law through the Civil Aviation Act 1988 (Cth), specifically section 95, which states that 'the liability of an air carrier under the Montreal Convention... is enforceable in Australia as if it were a liability under a law of the Commonwealth.'
Statutory Textthe liability of an air carrier under the Montreal Convention... is enforceable in Australia as if it were a liability under a law of the Commonwealth.
— Civil Aviation Act 1988 (Cth), s. 95 — Liability under Montreal Convention
Statutory Textthe carrier is liable for damage sustained in case of death or bodily injury of a passenger if the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
— Montreal Convention 1999, Art. 17(1) — Liability for death or injury
What to Do
Confirm your flight was international (Montreal Convention applies) or domestic (state-based laws may apply, but courts often follow Montreal principles)
Gather evidence: medical reports, witness statements, photos, boarding pass, and incident report
Lodge a written claim with the airline within 2 years of the accident (limitation period under Art. 35)
If the airline denies liability unreasonably, seek legal advice — you may file in the Federal Court or Federal Circuit and Family Court of Australia
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.