The Legal Fallout of a Plane Crash
June 17, 2025
On June 8, 2025, an Air India aircraft crashed while landing in Kerala. The footage was heartbreaking.
While investigations are still ongoing, events like this naturally raise an important question: what are the legal rights of victims and their families when a plane crash occurs?
Who Investigates a Plane Crash in Nigeria?
In Nigeria, when an aircraft accident happens, the National Safety Investigation Bureau (NSIB) is responsible for investigating the cause — not to apportion blame, but to prevent future occurrences. The NSIB replaced the former Accident Investigation Bureau (AIB) under the National Safety Investigation Bureau Act 2022.
The Nigeria Civil Aviation Authority (NCAA) handles safety oversight and regulatory enforcement. They may impose fines, suspend licences, or mandate remedial steps where lapses are found.
Mandatory Compensation Under Nigerian Law
Nigeria’s Civil Aviation Act 2022 adopts the Montreal Convention 1999, but with a local twist. Here’s how it works:
Airlines are strictly liable for up to $100,000 USD per passenger – no proof of fault needed.
If the damages exceed $100,000, the airline can only escape further liability by proving:
It was not negligent, and
The crash was caused entirely by a third party.
This $100,000 cap is stated in U.S. dollars, not SDRs (the international currency unit usually used in treaties).
Further, under Section 55(3) of the Act, airlines must pay at least $30,000 USD (in naira equivalent) to the family of a deceased or seriously injured passenger — within 30 days of the crash.
This payment is meant to help with urgent economic needs, and is not an admission of liability. The amount is also deducted from the final compensation total.
Can Families of Victims Sue?
Yes. Family members can bring civil suits under:
Tort law (for negligence)
The Fatal Accidents Law
The Montreal Convention, which Nigeria domesticated via the Civil Aviation Act 2022.
Lawsuits can target airlines, aircraft manufacturers, or even regulators — if negligence is suspected. The Federal High Court in Nigeria has jurisdiction for these suits, and the suits must be brought within 2 years of the accident.
In Femi Anibaba v. Dana Airlines Ltd. (January 2025), the Supreme Court ruled that:
Airlines must prove they weren’t negligent if they want to limit their liability to $100,000
Non-economic damages like grief, emotional trauma, and loss of companionship are claimable under Nigerian law.
State laws (like Lagos State’s Fatal Accidents Law) can be used alongside international conventions to decide who can sue and how much can be claimed
USD awards must be converted to naira using the exchange rate at the date of judgment, not at the time of the crash
This case strengthens the hand of victims’ families and marks a new era of accountability for air crashes in Nigeria.
Quick Facts: Other Legal Issues in Plane Crashes
Airlines operating in Nigeria must maintain insurance cover for passengers, third parties, and cargo (Section 104, Civil Aviation Act)
The NCAA has powers to ground fleets, close premises, or prosecute for safety violations.
Foreign crash victims can still bring claims in Nigeria — depending on where the ticket was bought, where the plane was headed, or where the airline is based
Air travel remains statistically safe, but when tragedy strikes, the law is clear: airlines have financial, ethical, and legal responsibilities to passengers and their families.
The Civil Aviation Act 2022, strengthened by the Dana Air judgment — means Nigerian law now offers faster payments, stronger rights, and greater clarity for victims.
Let’s remember the human cost of these incidents — and also be informed about the rights and protections that exist when tragedy strikes.
Courtesy lawpadi