§ 422:13 — Liability of Certain Persons Not in Possession of Aircraft

Notwithstanding the definitions of "operation of aircraft" and "operate aircraft" as set forth herein, no person owning a civil aircraft or having a security interest in, or security title to, any civil aircraft under a contract of conditional sale, equipment trust, chattel or corporate mortgage, or other instrument of similar nature and no lessor of any such aircraft under a bona fide lease shall be liable other than by application of the doctrine of respondeat superior merely by reason of such ownership, interest or title, or merely by reason of his or her interest as lessor or owner of the aircraft so leased, for any injury to or death of persons, or damage to or loss of property in the air or on the surface of the earth (whether on land or water) caused by such aircraft, or by the ascent, descent, or flight of such aircraft, or by the dropping or falling of an object therefrom, unless such aircraft is in the actual possession or control of such person at the time of such injury, death, damage or loss. Nothing in this section shall relieve such persons from liability for their own negligent acts or omissions if such acts or omissions cause or contribute to cause such injury, death, damage or loss.

Legislative History

2002, 6:1, eff. July 1, 2002.