§263-5  Damage on land.  The owner ofevery aircraft which is operated over the lands or waters of the State ispresumed liable, except the owner of every aircraft operated for commercial useis absolutely liable, for injuries to persons or property on the land or waterbeneath caused by the ascent, descent, or flight of the aircraft, or thedropping or falling of any object therefrom, whether the owner was negligent ornot, unless the injury is caused in whole or in part by the negligence of theperson injured, or of the owner or bailee of the property injured.  If theaircraft is leased at the time of the injury to person or property, both ownerand lessee shall be liable, and they may be sued jointly, or either or both ofthem may be sued separately.  An aeronaut who is not the owner or lessee shallbe liable only for the consequences of the aeronaut's own negligence.  Theinjured person, or owner or bailee of injured property, shall have a lien onthe aircraft causing the injury to the extent of the damage caused by theaircraft or objects falling from it. [L 1923, c 109, §5; RL 1925, §3895; RL1935, §6979; RL 1945, §4925; RL 1955, §16-5; HRS §263-5; gen ch 1985; am L1987, c 326, §1]

 

Case Notes

 

  Where there is a clear case of negligence and an absence ofcontributory negligence, it is not necessary to invoke the statute.  139 F.Supp. 942.

  This statute did not provide plaintiff, the workers'compensation carrier for the employer of a pilot killed in an airplane crash,with a cause of action against the airplane owner. 283 F. Supp. 2d 1144.