Who is liable when an aircraft causes damage to people or property on the ground?

In the context of air law, liability for damage caused by an aircraft to people or property on the ground is generally addressed through national laws and international conventions.

National Laws

Most national legal systems allow third parties on the surface to recover damages caused by an aircraft in flight, or by persons or objects falling from it. While some countries base this liability on fault, the majority of jurisdictions hold the owner or operator of the aircraft absolutely liable for such damage. In many states, insurance against this third-party liability is compulsory.1

International Conventions

The 1952 Rome Convention on Surface Damage governs surface damage caused by aircraft registered in one contracting state within the territory of another. This convention also adopts the principle of absolute liability, making the operator of the aircraft liable. However, this liability is subject to exceptions, such as contributory negligence, and does not apply if the damage results merely from the aircraft's passage in conformity with air traffic regulations. Under this convention, the operator's liability is typically limited based on the aircraft's weight, unless the damage resulted from a deliberate act intended to cause harm.1