2020 Georgia Code
Title 6 - Aviation
Chapter 2 - Regulation of Aeronautics, Aircraft, and Airports Generally
§ 6-2-6. Rules for Determination of Liability for Injury to or Death of Passengers

The liability of the operator of an aircraft carrying passengers, for injury to or death of such passengers, shall be determined by the rules of law applicable to torts on land arising out of similar relationships.

(Ga. L. 1933, p. 99, § 7; Code 1933, § 11-107.)

- Duties of carriers of passengers generally, § 46-9-132.

JUDICIAL DECISIONS

Degree of care owed guest by operator of aircraft.

- Rules of law governing the degree of care owed by an operator of an aircraft to the operator's guest riding therein are the same as those governing the operator of a motor vehicle under similar circumstances, and in both cases the defendant operator is liable for injuries to the operator's guest only in cases of gross negligence. Osburn v. Pilgrim, 246 Ga. 688, 273 S.E.2d 118 (1980).

Duty owed a guest passenger riding by invitation in another's automobile is that of slight care; and the absence of such care is termed gross negligence. Sammons v. Webb, 86 Ga. App. 382, 71 S.E.2d 832 (1952).

Defenses of assumption of risk and avoidance of consequences are available to a defendant pilot of an aircraft. Osburn v. Pilgrim, 246 Ga. 688, 273 S.E.2d 118 (1980).

- Family-purpose doctrine, is to have broad application, and is applicable to aircraft as well as automobiles and watercraft. Kimbell v. DuBose, 139 Ga. App. 224, 228 S.E.2d 205 (1976).

Cited in Newman v. Fleming, 331 F. Supp. 973 (S.D. Ga. 1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Aviation, § 107 et seq.

- 2A C.J.S., Aeronautics and Aerospace, §§ 128 et seq., 147 et seq., 240 et seq.

- Airplane as within terms "vehicle," "motor vehicle," 165 A.L.R. 916.

Death of or injury to occupant of airplane from collision or near-collision with another aircraft, 12 A.L.R.2d 677; 64 A.L.R.5th 235.

Limitation of liability for personal injury by air carrier, 13 A.L.R.2d 337.

Who constitutes member of "crew" of aircraft within clause of aviation accident policy or rider thereto covering injuries to such personnel, 14 A.L.R.2d 1363.

Liability of operator of flight training school for injury or death of trainee, 17 A.L.R.2d 557.

Duty and liability as to preflight inspection and maintenance of aircraft, 30 A.L.R.2d 1172.

Proof, in absence of direct testimony by survivors or eyewitnesses, as to who, among occupants of plane, was piloting it at time of accident, 36 A.L.R.2d 1290.

Duty and liability of carrier with respect to allowing passenger sufficient time for change of vehicles, 40 A.L.R.2d 809.

Employer's liability for negligence of employee in piloting his own airplane in employer's business, 46 A.L.R.2d 1050.

Liability of carrier to passenger injured by hurling of object through window by a third person, 46 A.L.R.2d 1098.

Negligence in operation of airplane on take-off, 74 A.L.R.2d 615.

Negligence in operation of airplane in landing, 74 A.L.R.2d 628.

Liability for injury or damage from taxiing aircraft, 74 A.L.R.2d 654.

Air carrier's liability for injury to passenger from changes in air pressure, 75 A.L.R.2d 848.

Interference with airplane pilot or controls as negligence or contributory negligence, 75 A.L.R.2d 858.

Liability for personal injury or death based on overloading aircraft, 75 A.L.R.2d 868.

Aviation: helicopter accidents, 35 A.L.R.3d 707.

Liability for injury to guest in airplane, 40 A.L.R.3d 1117.

Aviation law: liability of air carrier for injury to, or death of, passenger on charter flight, 41 A.L.R.3d 455; 91 A.L.R. Fed. 547.

Liability for alleged negligence of independent servicer or repairer of aircraft, 41 A.L.R.3d 1320.

Liability of owner or operator of motor vehicle or aircraft for injury or death allegedly resulting from failure to furnish or require use of seat belt, 49 A.L.R.3d 295.

Choice-of-law considerations in application of aviation guest statute, 62 A.L.R.3d 1076.

Constitutionality of automobile and aviation guest statutes, 66 A.L.R.3d 532.

Liability of air carrier for damage or injury sustained by passenger as result of hijacking, 72 A.L.R.3d 1299.

Risks and causes of loss covered or excluded by aviation liability policy, 86 A.L.R.3d 118.

Airport operations liability insurance, 92 A.L.R.3d 1267.

Application of res ipsa loquitur doctrine to accident incurred by passenger while boarding or alighting from a carrier, 93 A.L.R.3d 776.

Products liability: personal injury or death allegedly caused by defect in aircraft or its parts, supplies, or equipment, 97 A.L.R.3d 627.

Res ipsa loquitur in aviation accidents, 25 A.L.R.4th 1237.

Liability of land carrier to passenger who becomes victim of third party's assault on or about carrier's vehicle or premises, 34 A.L.R.4th 1054.

Liability of land carrier to passenger who becomes victim of another passenger's assault, 43 A.L.R.4th 189.

Limitation of liability of air carrier for personal injury or death, 91 A.L.R. Fed. 547.

What constitutes accident under Warsaw Convention (49 USCA § 40105 note), 147 A.L.R. Fed. 535.