Under the 1952 Rome Convention, is the aircraft operator required to prove negligence in an accident that affects persons or businesses on the ground?

Under the 1952 Rome Convention, the aircraft operator is not required to prove negligence in cases of damage caused to persons or businesses on the ground as a result of an aircraft accident. This means that victims of such accidents can claim compensation without needing to establish that the operator acted negligently or failed to meet a standard of care.

The Rome Convention was specifically designed to streamline the process of liability for air carrier accidents, ensuring that victims have access to a straightforward means of obtaining compensation. This relief is particularly beneficial for injured parties or those who have incurred damages because it alleviates the burden of proving fault, simplifying the legal proceedings involved in these cases.

In summary, the operator's liability under the Convention arises from the mere fact of an accident resulting in damage, rather than any determination of negligence on their part. This principle underscores the focus on strict liability in aviation scenarios, promoting greater accountability for operators and better protection for those affected by aviation-related incidents.