The owner of an aircraft operated over the land or waters of this State is absolutely liable for injury to persons or property on the land or water beneath the aircraft which is caused by ascent, descent or flight of the aircraft or the dropping or falling of an object from an aircraft, whether the owner was negligent or not, unless the injury is caused in whole or in part by the negligence of the person injured or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property both owner and lessee is liable and they may be sued jointly or either or both of them may be sued separately. An airman who is not the owner or lessee is liable only for the consequences of his negligence. The injured person or owner or bailee of the injured property shall have a lien next in priority to the lien for State and county taxes on the aircraft causing the injury to the extent of the damage caused by the aircraft or an object falling from it. A chattel mortgagee, conditional vendor or trustee under an equipment trust of an aircraft out of possession shall not be considered an owner or lessee within the provisions of this section. This section shall not apply to damage to airport property that is neither malicious nor intentional, nor shall this section apply to damage to crushable materials, collapsible structures, or aircraft arresting systems that are designed to deform when used.
HISTORY: 1962 Code Section 2-6; 1952 Code Section 2-6; 1942 Code Section 7104; 1932 Code Section 7104; 1929 (36) 220; 1946 (44) 1371; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment in the third sentence, substituted "airman" for "aeronaut"; added the last sentence to the section; and made other, nonsubstantive, changes throughout.