Abstract:
This study deals with liability for damage caused by collision of birds and aircraft. Since the biggest number of these collisions occur at airports and their vicinity, airport operators are primarily held responsible for the damage. As in the international private air law there is not any unification instrument to regulate liability for the damage caused by collision of birds and aircraft, airlines will, as a rule, have claims against the airport operator in accordance with provisions of substantive law of the international court of jurisdiction or the substantive law according to conflict-of-law norms of the internationally competent court, while passengers in the international air traffic will have claims against Carrier according to provisions of the Warsaw system or the Montreal convention. Persons being on the ground in case of air crash caused by collision of birds and aircraft will claim damage either according to provisions of the Rome convention, adjusted by the Montreal protocol of 1978, or according to provisions of substantive law of the international court of jurisdiction or the substantive law according to conflict-of-law norms of the internationally competent court, depending on reception of the international instruments in domestic legislation.
Riđanović, Berin, Liability of Airports for Birdstrikes (September 14, 2015). 10 Munich Liability Seminar, 2015.
First posted 2016-06-20 06:04:48
Leave a Reply