1. The owner of every aircraft which is operated over the lands or waters of this state is presumed liable for injuries to persons or property on the land or water beneath, caused by the:

(a) Ascent, descent or flight of the aircraft; or

(b) Dropping or falling of any object therefrom,

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.

2. If the aircraft is leased at the time of the injury to person or property, both owner and lessee are presumed to be liable and they may be sued jointly, or either or both of them may be sued separately.

3. The presumption of liability of the owner, or of the owner and lessee, may be rebutted by proof that the injury was not caused by negligence of the owner or lessee, or of any person operating the aircraft with the permission of the owner, lessee or any person maintaining or repairing the aircraft with the permission of the owner or lessee.

4. An operator who is not the owner or lessee is liable only for the consequences of his or her own negligence.

5. The injured person, or the owner or bailee of the injured property, has a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it.

6. A chattel mortgagee, conditional vendor or trustee under an equipment trust, of any aircraft, not in possession of the aircraft is deemed not an owner within the provisions of this section.

[5:66:1923; A 1947, 470; 1943 NCL § 279] — (NRS A 1991, 253)