In August 2018, Larry went on a hot air balloon trip organised by Free Spirit Company when it crashed due to strong winds. Larry has expressed his intention that he plans to take an action against Free Spirit Company for the injuries caused as a result of the crash. Larry wishes to rely on Article 17 in the Schedule 1 to the Carriage of Air Acts (Application of Provisions) Order 1967 which states that "the carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking." The company asserted that their hot air balloons do not fall under the definition of 'aircraft' hence no action can be taken against them. Larry argued that the court does not need to interpret the term 'aircraft' literally but can adopt a purposive approach.

Advise Larry.