§263-5 Damage on land. The owner of every aircraft which is operated over the lands or waters of the State is presumed liable, except the owner of every aircraft operated for commercial use 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 the 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 aeronaut who is not the owner or lessee shall be liable only for the consequences of the aeronaut's own negligence. The injured person, or owner or bailee of 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. [L 1923, c 109, §5; RL 1925, §3895; RL 1935, §6979; RL 1945, §4925; RL 1955, §16-5; HRS §263-5; gen ch 1985; am L 1987, c 326, §1]

Case Notes

Where there is a clear case of negligence and an absence of contributory 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.