An Appraisal of Compensation Regime for Victims of Aircraft Injuries under the Law

Publication Information

Journal Title: Commonwealth Law Review Journal
Author(s): Mackson Oruma
Published On: 27/04/2023
Volume: 9
First Page: 135
Last Page: 158
ISSN: 2581-3382
Publisher: The Law Brigade Publisher

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Mackson Oruma, An Appraisal of Compensation Regime for Victims of Aircraft Injuries under the Law, Volume 9, Commonwealth Law Review Journal, 135-158, Published on 27/04/2023, Available at


This essay aims to examine the legal regulations governing aircraft operations liability. It is known that a claimant must meet the requirements of Article 17 of the Montreal Convention, 1999 in order to be eligible for compensation in aviation claims. This means that the claimant will not be able to get compensation for injuries sustained in situations that do not comply with the rules of the Convention. This supports the idea that the aviation legal regime applies only to claims that cannot be divided into separate categories under the applicable legal rules.  The focus of this paper, which employs the doctrinal research methodology to examine the laws in order to determine the justification for the exclusivity of the legal regimes, cannot be said to be the same, given the circumstances that gave rise to that position of the law, which is the desire to shield the then-developing aviation industry from severe liability for claims arising from accidents.  The study also questions whether or not it is preferable to create a commission to monitor such payments and whether or not airlines promptly respond to aviation claims when such compensation is mandated by statutes without proof of guilt.

Keywords: Appraise, Compensation, Regime, Victims, Aircraft Injuries

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