Section 251. Liability of an owner of aircraft  


Latest version.
  • 1. Except as provided in
      subdivision three every  owner  of  an  aircraft  shall  be  liable  and
      responsible  for  death  occasioned  or  injuries  to person or property
      sustained, within or above this  state,  as  a  result  of  the  use  or
      operation  of the aircraft in the business of the owner or otherwise, by
      any person using or operating the aircraft with the permission,  express
      or  implied,  of  such  owner,  in  any  case  where the person using or
      operating the aircraft, or his estate, would be liable for such death or
      injuries.
        2. As used in this section, "owner" means any  person  (other  than  a
      lien  holder  or,  in  the cases hereinafter described, a secured party)
      having the property in or title to an aircraft, and also any  lessee  or
      bailee having the exclusive use thereof, under a lease or otherwise, for
      a period of thirty days or more, and their liability under this section,
      where  both  are  liable,  shall be joint and several. If an aircraft be
      sold under a contract which reserves a security interest in the aircraft
      in favor of the vendor, such vendor or his  assignee  shall  not,  after
      delivery  of  such aircraft, be deemed an owner within the provisions of
      this section, but the  vendee  or  his  assignee,  receiving  possession
      thereof,  shall  be  deemed such owner notwithstanding the terms of such
      contract, until the vendor or his assignee shall  retake  possession  of
      such  aircraft.  A  secured  party  in  whose  favor there is a security
      interest in an aircraft out of his possession shall not,  by  reason  of
      such security interest, be deemed an owner within the provisions of this
      section.
        3.  Subdivision  one  of  this  section  shall  not  apply  where  the
      permission to use or operate the  aircraft  is  the  permission  of  the
      lessor, expressed or implied, in a bona fide lease of the aircraft for a
      period  of thirty days or more, that the aircraft be used or operated by
      the lessee or by persons using or operating it with  the  permission  of
      the lessee.
        4.  All bonds executed by or policies of insurance issued to the owner
      of an aircraft shall contain  a  provision  for  indemnity  or  security
      against  the  liability and responsibility provided in this section; but
      this provision shall not be construed  as  requiring  that  such  policy
      include  insurance  against  any  liability  of  the  insured,  being an
      individual, for death of or injuries to his or her spouse or for  injury
      to property of his or her spouse.
        5.  This  section does not relieve an owner of aircraft from liability
      under any other statute or rule of law or affect the  liability  of  the
      person using or operating the aircraft.