Australia

I was injured on a domestic flight due to turbulence. Is the airline liable?

Strict liabilit
Legal standard
2 years
Limitation period
Domestic flight
Scope of law
No fault needed
Claim requirement
The Short Answer

Yes, the airline may be liable for injuries caused by turbulence on a domestic flight in Australia under the Civil Aviation Act and related regulations, which impose strict liability for passenger injury during carriage.

What the Law Says

In Australia, liability for passenger injury on domestic flights is governed primarily by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1988. These laws establish strict liability for airlines when injury occurs during the course of carriage — meaning passengers do not need to prove negligence.

Under the Civil Aviation Regulations 1988, an airline is strictly liable for personal injury to a passenger that occurs during boarding, flight, or disembarkation — including injuries caused by unexpected turbulence.

This strict liability applies regardless of whether the airline took reasonable care or whether the turbulence was forecast or unforeseeable.

The claim must be made within two years from the date of the incident — this is the statutory limitation period for such claims.

Statutory Text

The operator of an aircraft is strictly liable for death or personal injury to a passenger that occurs during the course of carriage.

Civil Aviation Regulations 1988, reg 206A — Liability for passenger injury
Statutory Text

Carriage means the period during which a person is on board an aircraft for the purpose of travelling, or is in the process of embarking or disembarking.

Civil Aviation Regulations 1988, reg 206A(2) — Definition of carriage

What to Do

1

Seek medical attention immediately and keep all records (e.g., doctor’s reports, receipts).

2

Report the incident to the airline in writing within 7 days, citing the date, flight number, and nature of injury.

3

Gather witness contact details and any available photos or notes about the turbulence event.

4

Lodge a formal claim with the airline within 2 years of the incident.

5

If the airline denies liability or offers inadequate compensation, consult a lawyer experienced in aviation law.

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.