Hot Air Balloons: High flying risks

Hot air balloon rides can be truly breathtaking. However, recent incidents in Australia have highlighted the importance of prioritising safety measures.

In Australia, a robust regulatory framework, certified pilots, and rigorous safety measures exist to ensure passengers enjoy their journey with peace of mind. Remember, safety protocols are in place to enhance the joy of the hot air ballooning experience.

Recent tragedy

A tragic incident occurred in Melbourne when a man fell to his death from a hot air balloon onto a suburban street. Emergency services responded to the scene on Albert St in Preston, where the man was declared dead and sadly passed away. The incident occurred during a hot air balloon ride from Yarra Valley. Police are investigating the circumstances surrounding the incident and speaking to other balloon occupants and witnesses. This is not the first time a hot air balloon has been involved in a serious incident in Melbourne, with previous incidents in 2022 involving collisions and injuries. 

Licensing requirements

In Australia, one of the cornerstone safety measures in hot air ballooning is the requirement for pilots to hold a Balloon Pilot’s License. These licenses signify that pilots have undergone rigorous training and possess the necessary skills to operate hot air balloons safely. Additionally, they must maintain current Aviation Medical certifications and Aviation Security Clearances, ensuring they are physically and mentally fit to fly. 

Regulation

The national regulator, the Civil Aviation Safety Authority (CASA), controls all aspects of commercial ballooning. CASA conducts frequent operational audits to ensure that hot air balloon operators comply with safety regulations and maintain high standards of operation. These audits serve as proactive measures to promptly identify and address potential safety hazards, therefore enhancing the safety of hot air balloon rides. Operators continuously monitor and evaluate their operations, further implementing necessary improvements to enhance safety standards.

You must only choose reputable hot air balloon companies that comply with the above laws and licensing requirements and hold the appropriate insurance. 

The law

Air Ballooning cases are covered under section 4 of the Civil Aviation Act 1961 in Victoria and the Carriers Act 1959 applies to interstate flights within Australia. Under the Civil Aviation (Carriers’ Liability) Regulations 2019, all passengers on a domestic carrier under Part IV of the Act who suffer an injury or death resulting from an accident can be compenetrated compensated up to $925,000. Section 28 of the Carrier’s Act provides for a strict liability action against carriers for damages sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. Strict Liability means that the carrier is liable for any injury to a passenger, regardless of whether the carrier is at fault or not.

Time limits

There are strict time limits to pursue a claim if you are injured in a hot air balloon. You must commence your claim within two years of your date of injury, and no extension is available if the cause of action is not brought in that period.

You should speak to a lawyer if you have suffered an injury on an aircraft because of tripping on a footpath defect. Our public liability lawyers can help you learn if you may be entitled to compensation and what to do next. Contact us today to find out how we can help you.