Compensation for damages in air accidents: beyond the scale

Responsabilidad Civil

Abstract

This article analyzes the civil liability and insurance of the air carrier in cases of personal injuries caused to passengers in an aviation accident in order to define the compensation and assessment of such damages. To this end, its current regulatory framework at the National and European level and the legal liability system are delimited. Subsequently, it focuses on the possibility of application, as a guide, of the scale contained in Law 35/2015, of September 22, for the valuation of damage, in personal injuries derived from plane accident, analyzing the jurisprudential doctrine derived from its application outside the circulatory field and its increases to ad integrum reparation for moral damage. In addition, the subject of study focuses on the recent STS, Civil, no. 704/2023, of May 9, 2023 (case of the intentional accident of the Germanwings pilot in the French Alps), and the quantification of the pathological moral damage derived from the intentionality of the damage to effect compensation.