On the Strict Liability of the Aircraft ’s Operator in Tort Law
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Graphical Abstract
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Abstract
It is Article 71 in Chinese Tort law that imposes strict liability on the operator of an aircraft. The operator takes strict liability for ground damage and the passenger-s damage. The plaintiff must prove the following: the realized risk of aircraft, damage to property and personal injury, and the causation between both. It is the operator who is liable for the damage.And the liability of the operator can only be avoided by proof of the intent of the victim and force majeure in particular cases. There is caps limiting of the amount of damages when the operator is liable.
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