CHALLENGING AIR CARRIER LIABILITY IN NIGERIA

Hello and welcome to the blog!

We shall be discussing all things related to air carrier's liability today. So please stay with me and leave your comments at the end.

This first picture is to stimulate your mindset as you read about the legal provisions surrounding Air carrier's liability.

Air Carrier liability arises where there is a form of loss or injury to customers of an aircraft. It can be as a result of an aircraft accident which is an occurrence associated with the operation of an aircraft, which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, and a person suffers a fatal or serious injury as a result of being on the aircraft. 

An Air carrier's liability to its passengers or customers could arise in the following circumstances: 

• where an injury is sustained on board an aircraft; 
• death arising from the course of a journey; 
• damage to or loss of goods; 
• delayed or denied boarding;
•  interactions of preparing for or the actual conduct of flight operations.

  

COMMON CAUSES OF AVIATION RELATED ACCIDENTS INCLUDE:

•      Pilot error
•     Manufacturing defects
•     Equipment defects
•    Structural or design problems 
•      Violation of federal aviation administration regulations
•     Negligence of flight service station employees
•      Negligence of federal air traffic controllers
•       Negligence in a third party’s selection of a carrier
•       Failure to maintain or replace the aircraft or its components
•     Failure to fuel the aircraft
•      Poor helipad design or helipad operator negligence
•    Ground obstructions
•   Air traffic control.

There are many different theories under which an owner, operator, or manufacturer of an aircraft or component part may be held liable for an accident, including vicarious liability, negligence, and products liability. (This will be addressed in a separate discussion).

Pursuant to the Montreal Convention ( Convention for the Unification of Certain Rules for International Carriage by Air) 1999, Passengers are entitled to compensation upon purchase of a valid ticket for carriage. (Also, the provisions of the Convention would be addressed separately).

The Nigerian Legislation adopts the provisions of the Montreal Convention by ratifying the treaty in November 2003. The Nigerian Civil Aviation Regulation has thus so far incorporated most of the provisions into the Regulation to protect Passengers

CHALLENGES OF ENFORCEMENT IN NIGERIA

Asides the general overview of insufficient legislation and the unreliability of the judiciary, the main constraint to claims of against air carriers is public education. 

A while back, I had claimed compensation from British Airways on a flight from Lagos to London. The representative who handled the matter was quite surprised when I sent in a compensation claim. She expressed that out of 190 Nigerian passengers on board that day who had experienced the same fate as me, I was the only one who had even thought about filing a compensation.

Another incident I also recall is claiming compensation on behalf of my friends with Air Peace Airways.

While maintaining that public education is the main reason for the minimal litigation in this area, I am also aware that there are other issues that plague the development of aviation law in Nigeria.

Thank you for taking the time to read and share this post. Should you have any questions, comments or suggestions, do not hesitate to use the comment box.

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