2011 South Dakota Code
Title 50 AVIATION
Chapter 13. Air Space And Operation Of Aircraft
§50-13-6 Liability for damage caused by overflight--Falling objects--Parties liable--Prima facie evidence of ownership.

50-13-6. Liability for damage caused by overflight--Falling objects--Parties liable--Prima facie evidence of ownership. The owner and the pilot, or either of them, of every aircraft which is operated over lands or waters of this state shall be liable for injuries or damage 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 in accordance with the rules of law applicable to torts in this state.

As used in this section, "owner" shall include a person having full title to aircraft and operating it through servants, and shall also include a bona fide lessee or bailee of such aircraft, whether gratuitously or for hire; but "owner," as used in this section, shall not include a bona fide bailor or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of such aircraft, or other person having a security title only, nor shall the owner of such aircraft be liable when the pilot thereof is in possession thereof as a result of theft or felonious conversion.

The person in whose name an aircraft is registered with the United States Department of Transportation or the Aeronautics Commission of this state shall be prima facie the owner of such aircraft within the meaning of this section.

Source: SDC 1939, § 2.0305; SL 1949, ch 7.