Western Australian Consolidated Acts

DAMAGE BY AIRCRAFT ACT 1964 - SECT 5

5 .         Liability for damage by aircraft or articles, etc., falling from an aircraft ²

        (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, animal or person falling from, an aircraft while the aircraft is in flight, or is taking off, or is 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 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.

        (2)         Notwithstanding anything in subsection (1) where material loss or damage is caused as mentioned in that subsection in circumstances in which — 

            (a)         damages in respect of that loss or damage are recoverable from the owner by virtue only of the provisions of that subsection; 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 an aircraft has been demised, chartered, let, or hired out for a period exceeding 14 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, this section has effect as if for references to the owner there were substituted references to the person to whom the aircraft has been so demised, chartered, let or hired out.