Aviation Accident Law
Hritik Bhattacharya, SVKM’s NMIMS, Bengaluru
I. Introduction
For over a hundred years now, international aviation law has developed due to the conflicting needs of both providing airlines with financial stability while at the same time guaranteeing that passengers will receive a fair level of compensation. In the early days of the aviation industry (when the risk of flying was at an all-time high), the primary mechanism protecting international airlines was the Warsaw Convention, which limited airlines' liability if injured passengers proved negligence. Although this “equitable balance” provided for the continued growth of international airlines then (and for many years to come), over the years safety improvements have been made to the aviation industry (as well as increased public demand to hold airline companies accountable), which resulted in the Warsaw System being criticized for being more than inadequate by the end of the 20th Century. As a result, the Warsaw System underwent significant restructuring and was replaced by the Montreal Convention 1999. The Montreal Convention 1999 is now the current standard under which all international aviation law is based and provides a consumer-centric system that allows for accident victims to be properly compensated quickly and fairly. The most significant improvement made under the Montreal Convention 1999 is a dual system of liability (or how damages are calculated) which enables a significantly greater assurance that the injured party will receive monetary compensation for their injuries. Legal frameworks are facing challenges from advancements in flight technology. As an example, the increased use of automated technologies, as well as the use of AI, has created issues in establishing cause-and-effect relationships. As pilots use more automated systems (sometimes referred to as black box technology) it becomes more difficult to establish a cause or fact in the case of an accident occurring from the pilot's actions. Adding to this global trend, criminally prosecuting pilots for “honest errors” has posed a threat to the concept that “Just Culture” is critical to the voluntary reporting of accidents in aviation. Therefore, aviation law must find a way to balance the needs of the global aviation community to find justice in relation to ensuring a safe air travel system globally.
