Civil liability for the actions of flight attendants A Comparative Study

Abstract

This

topic represents one of the emerging legal issues arising from the rapid development of the civil aviation sector and the resulting expansion of the duties assigned to flight attendants. This research aims to clarify the legal nature of the relationship between flight attendants and the airline, and to explain the legal basis for their civil liability in the event of a breach of their duties during the performance of their duties. The research concludes that Iraqi law does not provide specific or explicit regulations for flight attendant liability, making it necessary to refer to the general rules of civil law and labor law, while drawing on international agreements such as the Montreal Convention of 1999 and the instructions of the International Civil Aviation Organization (ICAO).

The research also demonstrates that flight attendant liability may arise if a professional error is established, damage is proven, and a causal relationship exists between them, whether the damage is material or moral. In all cases, the airline remains liable for the actions of its employees within the scope of their work, with the possibility of recourse against the flight attendant in cases of gross or personal error.