Gloss approving the judgment of the District Court in Krosno of January 13, 2021, file I C 952/18, civil liability of the Aero Club (Aviation Club) for the fatal accident of a student pilot

The subject of this gloss is the judgment of the District Court in Krosno of January 13, 2021, file I C 952/18, regarding a fatal accident of a student pilot. This gloss presents arguments approving the position of the DC in Krosno. There were three important issues to be resolved in the commented judgment. The first and the most important one concerned determining whether the Flying Club (Aeroklub) is at all liable for a fatal aircraft accident, and if so, to what extent and on what legal basis. The second is whether the flight instructor belongs to the third parties for whom the Flying Club is not liable under Art. 435 § 1 of the Civil Code. The third if the members of the deceased’s immediate family are entitled to claims in the form of relief for the death of a close relative and applicable compensation. After conducting research, the author determined that the Flying Club bears strict civil liability for the consequences of a fatal aviation accident pursuant to Art. 206 and 207 of the Aviation Law in connection with Art. 435 and 436 CC. The flight instructor is not a third party for whom the Flying Club is not liable under Art. 435 § 1 of the Civil Code. The closest family members of the deceased student pilot are entitled to claims specified in Art. 446 of the Civil Code, among others, appropriate compensation and pecuniary relief for the harm suffered.