Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Liability of an owner of aircraft
General Business (GBS) CHAPTER 20, ARTICLE 14
§ 251. Liability of an owner of aircraft. 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

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

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.