Liability; Vicarious Liability

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Sec. 6. (a) All offenses, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over Indiana shall be governed by Indiana laws; and the question whether damage occasioned by or to an aircraft while in flight over Indiana constitutes an offense, tort, or other wrong by or against the owner of the aircraft shall be determined by Indiana laws.

(b) This article does not impose vicarious liability for damages on an owner of an aircraft who is not the pilot unless:

(1) the owner engages in negligent, reckless, knowing, intentional, or unlawful conduct that is the proximate cause of the damages;

(2) an agency relationship exists between the owner and the person who proximately caused the damages; or

(3) the owner's liability is based on the doctrine of respondeat superior.

(c) This article is not intended to modify or amend Indiana law with respect to:

(1) bailments; or

(2) bailor liability.

Formerly: Acts 1927, c.43, s.7. As amended by Acts 1978, P.L.2, SEC.861; P.L.102-2015, SEC.6.


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