Liability and damage in aviation

Damage in aviation frequently arises as a result of delays, cancellations and operational disruptions. The issue of liability in aviation is often complex, as several parties are involved, such as airlines, airports, air traffic control (ATC) and ground handling operators.

Not every disruption gives rise to liability. The decisive factors are whether there has been an attributable breach or a tortious act, and whether there is a causal link between the act and the damage. The assessment of this depends heavily on the specific facts and circumstances of the case.

In the aviation sector, liability is not limited to a single party. In addition to airlines, airports, ground handlers, agents and other service providers may also be liable.

Only demonstrable damage is eligible for compensation. This primarily concerns financial loss, such as additional costs, loss of turnover or disruptions to supply chains. A sound substantiation of both the damage and the causal link is essential.

What we can do for you

• LVH Advocaten advises and acts on behalf of companies within the aviation sector. We have provided support in areas including: disputes concerning liability in aviation;
• contracts and general terms and conditions (including ground handling, agency and leasing);
• assessing claims for damages and recourse options;
• proceedings relating to aviation law and contract law;
• advice on risk mitigation and liability structures.

We work for various parties within the aviation sector, including airlines, airports and various service providers.

Are you facing a claim for damages or a liability issue in the aviation sector?

Please contact one of the specialists at LVH Advocaten in the field of aviation law.

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