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N.D. Cent. Code § 2-03-05

This is the official text of N.D. Cent. Code § 2-03-05, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

2-03-05. Damage to persons and property

Official statutory text

2-03-05. Damage to persons and property

The owner and the pilot, or either of them, of every aircraft which is operated over the lands

or waters of this state are liable for injuries to persons or property on the land or water beneath

caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any object

therefrom, in accordance with the rules of law applicable to torts in this state, 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. If the aircraft is leased at the time of the injury to person or property, both

owner and lessee are liable and they may be sued jointly, or either or both of them may be sued

separately. An airman who is not the owner or lessee is liable only for the consequences of that

person's own negligence. The injured person, or 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.

As used in this section, "owner" includes a person having full title to aircraft and operating it

through servants, and also includes a bona fide lessee or bailee of such aircraft, whether

gratuitously or for hire; but "owner", as used in this section, does not include a bona fide bailor

or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller,

trustee for creditors of such aircraft or other person having a security title only, nor is the owner

of such aircraft liable when the pilot thereof is in possession thereof as a result of theft or

felonious conversion.

The person in whose name an aircraft is registered with the United States department of

transportation or the aeronautics commission of this state is prima facie the owner of such

aircraft within the meaning of this section.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.