Page:1959 North Dakota Session Laws.pdf/95

AERONAUTICS AERONAUTICS

CHAPTER 90

S. B. No. 218

(Erickson and Gronvold)

AIRCRAFT LIABILITY; GUEST DEFINED

AN ACT

Relating to the liability of owners, operators, and others of aircraft, and defining a "guest."

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Aircraft Accidents; Civil Liability; Definitions.) No person transported by the owner or operator of any aircraft as a guest without payment for such transportation shall have a cause of action for damages against the owner or operator for injury, death or loss in case of accident, unless the accident shall have been caused by the gross negligence, intoxication or willful and wanton misconduct of the owner or operator of the aircraft, and unless the gross negligence, intoxication or willful and wanton misconduct of the owner or operator of the aircraft contributed to the injury, death or loss for which the action is brought. For purposes of this Act, the word "guest" means any person other than an employee of the owner or registrant of any aircraft, or of a person responsible for its operation with the owner's or registrant's express or implied consent, being in or upon, entering or leaving the same, except any passenger for hire and except any passenger while the aircraft is being used in the business of demonstrating or testing. The sharing of expense shall not constitute a carriage for hire within the meaning of this Act.

Approved March 10, 1959.