DAMAGE LIABILITY AND COMPENSATION IN CASE OF BIRD STRIKE

Most frequently, a bird strike cause damage to aircraft, and, in certain number of cases, a bird strike may have some considerably serious consequences (injuries and death of passengers, crew or third persons on a ground). In the circumstances of damage occurred, one side is entitled to demand a repair or a financial compensation, and the other side is obliged to realise the repair or the payment of the stated sum. The right to file a demand for repair or compensation depends on the result of determination of someone’s liability. In case of bird strike (either with Croatian or foreign registration aircraft) at any airport in the Republic of Croatia, legal grounds for determination of liability are found in the Republic of Croatia Legal Regulations and in international conventions as International Private Air Law. These regulations elaborate the application of the competent law as well as the jurisdiction of court the proceedings may be instituted in. The question of compensation of the material and non-material damage occurred, with regard to differences of legal systems and attitudes of the courts, arises as very interesting in Croatia and worldwide. This paper elaborates damage liability and compensation in case of bird strike with particular consideration to the Republic of Croatia Legal Rules and Law Regulations, and International Private Air Law Provisions.