§ 8-21-4-6 — Liability; vicarious liability

Indiana § 8-21-4-6

• Jurisdiction: Indiana
• Art. 21: AERONAUTICS
• Ch. 4: Uniform State Law for Aeronautics

Text

(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.