(1) Where material loss or damage is caused to any person or property on land or water by or by a person in or by an article or person falling from an aircraft while in flight taking off or landing then, unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable from the owner of the aircraft without proof of negligence or intention or other cause of action as if the loss or damage had been caused by the wilful act neglect or default of the owner:
Provided that where material loss or damage is caused as aforesaid in circumstances in which—
(a) damages in respect of the said loss or damage are recoverable from the owner by virtue only of the foregoing provisions of this subsection; and
(b) a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage—
the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage.
(2) Where the aircraft concerned has been bona
fide demised chartered let or hired out for a period exceeding fourteen days
to any other person by the owner thereof and no pilot commander navigator or
operative member of the crew of the aircraft is in the employment of the owner
the last preceding subsection shall have effect as if for references therein
to the owner there were substituted references to the person to whom the
aircraft has been so demised chartered let or hired out.
Pt 6A (Heading and ss 31A– 31D) inserted by No. 49/2002 s. 9.
Part VIA—Good samaritan protection
S. 31A inserted by No. 49/2002 s. 9.