[Guests in aircraft; right of action for damages for injury, death or loss.]

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No person riding in an aircraft as a guest, without payment for the ride or transportation, nor his personal representative in the event of the death of such guest, shall have a cause of action against any pilot or crewman of such aircraft or its owner or his employee or agent for injury, death or loss which occurs as a result of an accident unless such accident shall have been intentional on the part of said owner or operator or caused by his heedlessness or his reckless disregard of the rights of others.

History: 1953 Comp., § 44-1-16, enacted by Laws 1963, ch. 196, § 1.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Law reviews. — For note, "McGeehan v. Bunch - Invalidating Statutory Tort Immunity Through a New Approach to Equal Protection Analysis," see 7 N.M.L. Rev. 251 (1977).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8A Am. Jur. 2d Aviation §§ 123 to 126.

Duty and liability to guest or passenger as to preflight inspection and maintenance of aircraft, 30 A.L.R.2d 1172.

Liability for injury to guest in aeroplane, 40 A.L.R.3d 1117.

Guest statute: choice-of-law considerations in application of aviation guest statutes, 62 A.L.R.3d 1076.

Guests: constitutionality of automobile and aviation guest statutes, 66 A.L.R.3d 532.

2A C.J.S. Aeronautics and Aerospace §§ 250 to 281.


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