Civil Liability of The Air Carrier for Errors of The Aircraft Crew in Jordanian Law

Abstract

The aircraft crew bears significant responsibility as they operate the aircraft in the sky, carrying numerous duties and exercising various authorities to perform their tasks effectively. The aircraft crew is obligated to fulfill their commitments towards the air carrier. Current study addresses the issues surrounding the extent of the air carrier's liability for errors committed by the aircraft crew. These errors may be personal, technical, or administrative during flight. We used a comparative, descriptive, and analytical approach to achieve the objectives of the thesis and answer its questions, which focus on defining the obligations and authorities of the aircraft crew and determining the nature of the air carrier's responsibility for errors of the aircraft crew. The key finding of study is that the Jordanian legislator has largely held the air carrier responsible for damages resulting from errors committed by the aircraft crew. Both the air carrier and the aircraft crew share responsibility for these damages towards third parties based on solidarity and mutual assistance. It is suggested to amend the text of Article (42/C) to include detailed provisions specifying the extent of responsibility for each member of the aircraft crew, the responsibility of the aircraft commander, operator, and air carrier in the face of actions leading to harm.