§44112 — Title 49 Transportation | U.S. Code

Summary

Limits when a lessor, owner, or secured party must pay for injury, death, or property loss or damage. A lessor is someone who leases a civil aircraft, aircraft engine, or propeller for at least 30 days. An owner is someone who owns one. A secured party is someone with a legal security interest under contracts like conditional sales, equipment‑trust agreements, or mortgages. They are responsible only if they actually possess or have operational control of the aircraft, engine, or propeller and the injury, death, or property loss or damage happens because of the aircraft or engine itself, its flight, or something falling from it.

Title 49, §44112

Transportation — Source: USLM XML via OLRC

(a)In this section—

(1)“lessor” means a person leasing for at least 30 days a civil aircraft, aircraft engine, or propeller.

(2)“owner” means a person that owns a civil aircraft, aircraft engine, or propeller.

(3)“secured party” means a person having a security interest in, or security title to, a civil aircraft, aircraft engine, or propeller under a conditional sales contract, equipment trust contract, chattel or corporate mortgage, or similar instrument.

(b)A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage only when a civil aircraft, aircraft engine, or propeller is in the actual possession or operational control of the lessor, owner, or secured party, and the personal injury, death, or property loss or damage occurs because of—

(1)the aircraft, engine, or propeller; or

(2)the flight of, or an object falling from, the aircraft, engine, or propeller.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4411249 App.:1404.Aug. 23, 1958, Pub. L. 85–726, § 504, 72 Stat. 774; restated July 8, 1959, Pub. L. 86–81, § 2, 73 Stat. 180. In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 (2d–57th words). Clause (2) is added for clarity. In clause (1), the words “bona fide” are omitted as surplus. In clause (3), the word “nature” is omitted as surplus. In subsection (b), before clause (1), the words “personal injury, death” are substituted for “any injury to or death of persons”, and the words “on land or water” are substituted for “on the surface of the earth (whether on land or water)”, to eliminate unnecessary words. In clause (2), the words “ascent, descent, or” and “dropping or” are omitted as surplus.

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–254, in introductory provisions, struck out “on land or water” before “only when” and inserted “operational” before “control”.

§44112 Limitation of Liability