73Surface damage by aircraft or articles falling from aircraft

#### 73 Surface damage by aircraft or articles falling from aircraft 73 Surface damage by aircraft or articles falling from aircraft (cf former s 2(2), (3) and (5) of [Damage by Aircraft Act 1952](/view/html/repealed/current/act-1952-046)) > > (1) Where material loss or damage is caused to any person or property on land or water by, or by a person in, or 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 are recoverable 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 of the aircraft. > > > (2) However, where the material loss or damage is caused in circumstances in which— > > > > > (a) damages are recoverable in respect of that loss or damage by virtue only of subsection (1), and > > > > > (b) a legal liability is created in some person other than the owner to pay damages in respect of that loss or damage, > > > > the owner is entitled to be indemnified by that other person against any claim in respect of that loss or damage. > > > (3) Where the aircraft concerned has been bona fide demised, let or hired out for a period exceeding 14 days to any other person by the owner of the aircraft, and no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, references in this section to the owner are to be read as references to the person to whom the aircraft has been so demised, let or hired out. > > > (4) In this section— > > > > article includes mail or animal. > > > > loss or damage includes, in relation to persons, loss of life and personal injury. > > **pt 12 (ss 72, 73):** Ins 2011 No 62, Sch 4.2.