|
|
|
|
|
|
|
|
|
|
|
|
|
240 LAWS OF MARYLAND Ch. 13
REVISOR'S NOTE: This section presently appears as
Art. 1A, §3-306.
The more general term "person" is substituted
for "airman or passengers" since the latter is
unnecessarily — and, apparently,
unintentionally — overly limited in its scope.
The only other changes are in style.
The Commission is unsure of the reasons, if
any, for this section's silence as to the
liability of a pilot or lessee/operator of
aircraft. (Compare this section with, e.g.,
§5-1005 of this subtitle.) Clarification
light be appropriate.
5-1005. INJURIES TO PERSON OR PROPERTY; LIEN FOR DAMAGE.
(A) PRIMA FACIE LIABILITY OF OWNER AND LESSEE OF
AIRCRAFT.
THE OWNER AND LESSEE OF AN AIRCRAFT OPERATED ABOVE
THE LANDS AND WATERS OF THIS STATE ARE EACH PRIMA FACIE
LIABLE, JOINTLY AND SEVERALLY, FOR ANY INJURY TO PERSONS
OR PROPERTY ON THE LAND OR WATER BENEATH THAT IS CAUSED
BY THE OPERATION OF THE AIRCRAFT OR BY THE FALLING OF ANY
OBJECT FROM THE AIRCRAFT, UNLESS:
(1) THE INJURY IS CAUSED IN WHOLE OR IN PART
BY THE NEGLIGENCE OF THE INJURED PERSON OR OF THE OWNER
OR BAILEE OF THE INJURED PROPERTY; OR
(2) AT THE TIME OF THE INJURY, THE AIRCRAFT
IS BEING USED WITHOUT CONSENT OF THE OWNER OR THE LESSEE,
AS THE CASE MAY BE.
(B) PRESUMPTION REBUTTABLE.
THE PRESUMPTION OF LIABILITY ON THE PART OF THE
OWNER OR LESSEE MAY BE REBUTTED BY PROOF THAT THE INJURY
WAS NOT CAUSED BY NEGLIGENCE ON THE PART OF:
(1) THE OWNER OR THE LESSEE, AS THE CASE MAY
BE;
(2) ANY PERSON OPERATING THE AIRCRAFT WITH
THE PERMISSION OF THE OWNER OR LESSEE; OR
(3) ANY PERSON MAINTAINING OR REPAIRING THE
AIRCRAFT WITH THE PERMISSION OF THE OWNER OR LESSEE.
(C) LIABILITY OF PERSON NOT OWNER OR LESSEE.
A PERSON WHO IS NOT THE OWNER OR LESSEE OF THE
AIRCRAFT IS LIABLE ONLY FOR THE CONSEQUENCES OF HIS OWN
NEGLIGENCE.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
