2016 Delaware Code
Title 2 - Transportation
§ 305. Damage on land; liability.

2 DE Code § 305 (2016) What's This?

The owner of every aircraft which is operated over the lands or waters of this State is absolutely liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent or flight of the aircraft, or the dropping or falling of any object therefrom, whether such owner was negligent or not, unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be liable, and they may be sued jointly, or either or both of them may be sued separately. An airman who is not the owner or lessee shall be liable only for the consequences of the airman's own negligence. The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it.

33 Del. Laws, c. 199, § 5; Code 1935, § 5780; 2 Del. C. 1953, § 305; 70 Del. Laws, c. 186, § 1.;

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