[USC07] 49 USC 44112: Limitation of liability
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49 USC 44112: Limitation of liability Text contains those laws in effect on June 19, 2019
From Title 49-TRANSPORTATIONSUBTITLE VII-AVIATION PROGRAMSPART A-AIR COMMERCE AND SAFETYsubpart iii-safetyCHAPTER 441-REGISTRATION AND RECORDATION OF AIRCRAFT

§44112. Limitation of liability

(a) Definitions.-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) Liability.-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.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1167 ; Pub. L. 115–254, div. B, title V, §514, Oct. 5, 2018, 132 Stat. 3358 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
44112 49 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.

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".