AustraliaI was injured on a domestic flight. Is the airline automatically liable?
No, the airline is not automatically liable for injuries on domestic flights in Australia — liability depends on proving negligence or breach of duty under the Civil Aviation Act and common law.
What the Law Says
Australian law does not impose automatic (strict) liability on airlines for injuries sustained during domestic flights. Instead, passengers must establish that the airline breached its duty of care — typically by proving negligence under general tort law and relevant aviation legislation.
The Civil Aviation Act 1988 (Cth) regulates air safety and operator responsibilities in Australia, but it does not create automatic liability for passenger injury on domestic flights.
Unlike international flights governed by the Montreal Convention (which applies to scheduled international carriage), domestic flights fall outside that treaty’s scope and are instead subject to Australian common law and statutory frameworks.
To succeed in a claim, an injured passenger must prove the airline owed a duty of care, breached that duty, and that the breach caused the injury — consistent with general negligence principles in Australian law.
Claims must be brought within the applicable limitation period: generally 3 years from the date of the injury under the Limitation Act 1969 (NSW) or equivalent state/territory legislation.
Statutory TextThe object of this Act is to ensure the safety of civil aviation in Australia.
— Civil Aviation Act 1988 (Cth), s. 3 — Object of Act
Statutory TextA person must not operate an aircraft in a negligent manner.
— Civil Aviation Act 1988 (Cth), s. 20 — Negligent operation of aircraft
What to Do
Seek immediate medical attention and document your injuries.
Report the incident to the airline and obtain a written incident report.
Gather evidence (photos, witness contact details, boarding pass, flight records).
Consult a personal injury lawyer experienced in aviation matters within 3 years of the injury.
Consider whether negligence (e.g., failure to secure overhead luggage, inadequate crew response) caused your injury.
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.