Section 259.180a - Liability for injury occasioned by negligent operation of aircraft. - Michigan Statutes

AERONAUTICS CODE OF THE STATE OF MICHIGAN (EXCERPT)
Act 327 of 1945

259.180a Liability for injury occasioned by negligent operation of aircraft.

Sec. 180a.

(1) Except as otherwise provided in subsection (2), the owner or operator or the person or organization responsible for the maintenance or use of an aircraft shall be liable for any injury occasioned by the negligent operation of the aircraft, whether the negligence consists of a violation of statute, or in the failure to observe ordinary care in the operation of the aircraft, as the rules of the common law require.

(2) The owner of an aircraft shall not be liable for an injury occasioned by the negligent operation of the aircraft, as described in subsection (1), unless the aircraft was being operated with the owner's express or implied consent or knowledge at the time the injury occurred.

(3) “Person or organization responsible for the maintenance or use of an aircraft” does not include a mechanic who is an independent contractor and who has performed work on or furnished materials, supplies, or equipment for an aircraft, or any employee of the mechanic.

History: Add. 1958, Act 114, Eff. Sept. 13, 1958 ;-- Am. 1988, Act 427, Eff. Mar. 30, 1989
Constitutionality: The aviation guest passenger exception is unconstitutional. Longnecker v Noordyk-Mooney, Inc, 394 Mich 696; 232 NW2d 654 (1975).