§ 251 — Liability of an owner of aircraft

New York § 251

• Jurisdiction: New York
• Law GBS: General Business
• Art. 14: Aircraft

Text

§ 251. Liability of an owner of aircraft. 1. Except as provided in\nsubdivision three every owner of an aircraft shall be liable and\nresponsible for death occasioned or injuries to person or property\nsustained, within or above this state, as a result of the use or\noperation of the aircraft in the business of the owner or otherwise, by\nany person using or operating the aircraft with the permission, express\nor implied, of such owner, in any case where the person using or\noperating the aircraft, or his estate, would be liable for such death or\ninjuries.\n 2. As used in this section, "owner" means any person (other than a\nlien holder or, in the cases hereinafter described, a secured party)\nhaving the property in or title to an aircraft, and also any lessee or\nbailee having the exclusive use thereof, under a lease or otherwise, for\na period of thirty days or more, and their liability under this section,\nwhere both are liable, shall be joint and several. If an aircraft be\nsold under a contract which reserves a security interest in the aircraft\nin favor of the vendor, such vendor or his assignee shall not, after\ndelivery of such aircraft, be deemed an owner within the provisions of\nthis section, but the vendee or his assignee, receiving possession\nthereof, shall be deemed such owner notwithstanding the terms of such\ncontract, until the vendor or his assignee shall retake possession of\nsuch aircraft. A secured party in whose favor there is a security\ninterest in an aircraft out of his possession shall not, by reason of\nsuch security interest, be deemed an owner within the provisions of this\nsection.\n 3. Subdivision one of this section shall not apply where the\npermission to use or operate the aircraft is the permission of the\nlessor, expressed or implied, in a bona fide lease of the aircraft for a\nperiod of thirty days or more, that the aircraft be used or operated by\nthe lessee or by persons using or operating it with the permission of\nthe lessee.\n 4. All bonds executed by or policies of insurance issued to the owner\nof an aircraft shall contain a provision for indemnity or security\nagainst the liability and responsibility provided in this section; but\nthis provision shall not be construed as requiring that such policy\ninclude insurance against any liability of the insured, being an\nindividual, for death of or injuries to his or her spouse or for injury\nto property of his or her spouse.\n 5. This section does not relieve an owner of aircraft from liability\nunder any other statute or rule of law or affect the liability of the\nperson using or operating the aircraft.\n