
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC44112]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
          CHAPTER 441--REGISTRATION AND RECORDATION OF AIRCRAFT
 
Sec. 44112. Limitation of liability

    (a) Definitions.--In this section--
        (1) ``lessor'' means a person leasing for at least 30 days a 
    civil aircraft, aircraft engine, or propeller.
        (2) ``owner'' means a person that owns a civil aircraft, 
    aircraft engine, or propeller.
        (3) ``secured party'' means a person having a security interest 
    in, or security title to, a civil aircraft, aircraft engine, or 
    propeller under a conditional sales contract, equipment trust 
    contract, chattel or corporate mortgage, or similar instrument.

    (b) Liability.--A lessor, owner, or secured party is liable for 
personal injury, death, or property loss or damage on land or water only 
when a civil aircraft, aircraft engine, or propeller is in the actual 
possession or control of the lessor, owner, or secured party, and the 
personal injury, death, or property loss or damage occurs because of--
        (1) the aircraft, engine, or propeller; or
        (2) the flight of, or an object falling from, the aircraft, 
    engine, or propeller.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1167.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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44112.................................  49 App.:1404.                    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          504, 
72 Stat. 774; restated July 8,
                                                                          1959,
 Pub. L. 86-81, Sec.  2, 73 Stat.
                                                                          180.
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---------------------------------

    In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 
(2d-57th words). Clause (2) is added for clarity. In clause (1), the 
words ``bona fide'' are omitted as surplus. In clause (3), the word 
``nature'' is omitted as surplus.
    In subsection (b), before clause (1), the words ``personal injury, 
death'' are substituted for ``any injury to or death of persons'', and 
the words ``on land or water'' are substituted for ``on the surface of 
the earth (whether on land or water)'', to eliminate unnecessary words. 
In clause (2), the words ``ascent, descent, or'' and ``dropping or'' are 
omitted as surplus.
