MITIGATING THE AGONY OF THIRD PARTY CLAIMANT UNDER THE NIGERIAN AVIATION LAW
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Keywords:
Mitigating, Agony, Third Party, Claimant, Aviation, IndustryAbstract
The aviation industry's age has not in any way contributed to making knowledge of its operations widely known. This is a result of the industry's technological character. Although the hazards connected with its operation are obvious given the significant losses in terms of lives and property result, the regulations have not adequately addressed the issue of compensation in all circumstances where it is required. Although there are laws that provided for compensation in the event of accidents, these provisions do not apply across board. Mindful of the fact that laws exist which address the issue of remedies for victims of air accident such as passengers, this article interrogates the legal frameworks for compensation of victims, to ascertain the extent if any, to which they protect victims other than passengers. Substantial part of the Nigerian aviation laws, which are parented by international treaties, conventions, agreements, and protocols, as well as literatures, are examined in this study using the doctrinal research approach. The result reveals a lacuna in the legal frameworks which has left the victim with no alternative than to pursue claims for compensation for injuries sustained by resorting to common law tort of negligence among others, the burden of which is better imagined.
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