§ 2-03-05 — Damage to persons and property

The owner and the pilot, or either of them, of every aircraft which is operated over the lands
or waters of this state are liable for injuries to persons or property on the land or water beneath
caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any object
therefrom, in accordance with the rules of law applicable to torts in this state, 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 are 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 that
person's own negligence. The injured person, or owner, or bailee of the injured property, has a
lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or
objects falling from it.
As used in this section, "owner" includes a person having full title to aircraft and operating it
through servants, and also includes a bona fide lessee or bailee of such aircraft, whether
gratuitously or for hire; but "owner", as used in this section, does not include a bona fide bailor
or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller,
trustee for creditors of such aircraft or other person having a security title only, nor is the owner
of such aircraft liable when the pilot thereof is in possession thereof as a result of theft or
felonious conversion.
The person in whose name an aircraft is registered with the United States department of
transportation or the aeronautics commission of this state is prima facie the owner of such
aircraft within the meaning of this section.