SS 09.65.112. Civil liability for watercraft and aircraft guest passengers

a)     An owner or operator of an aircraft or watercraft is not liable for the civil damages of a person being transported in the owners aircraft or watercraft if the aircraft or watercraft is not being used for commercial purpose

b)     This section does not apply to civil action

1)     for damages resulting from:

A.    gross negligence or reckless or intentional misconduct;

B.    an act or omission of an owner or operator of an aircraft or watercraft if the aircraft or watercraft is being operated as a common carrier; or

C.     an act or omission of an owner or operator of an aircraft or watercraft that occurs while demonstrating an aircraft or watercraft to a prospective buyer; or

2)     described under (a) of this section if the owner or operator

A.    has insurance that would compensate the claimant for civil damages awarded against the owner or operator; an owner or operator who is insured as described in this subparagraph is not liable for civil damages in (a) of this section that exceed the applicable insurance; or

B.    does not have insurance that would compensate a person being transported as described under (a) of this section for civil damages awarded against the owner or operator and, before the person being transported enters the aircraft or watercraft, the owner or operator fails to provide notice to the person being transported that the owner or operator is uninsured as described in this subparagraph.

Added by Laws 2003, c 119, SS 2, eff. July 1, 2003

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This manual could include technical or other inaccuracies or typographical errors. The ITC and members of its volunteer Air Force make no representations about the suitability for any purpose or the accuracy of the information contained herein. In no event shall  the ITC or members of its volunteer Air Force be liable for any special, indirect, or consequential damages, or for any damages whatsoever, whether in a contract action, negligence or other tort action, or other claim or action, arising out of or in connection with the use of information contained herein.

 The Iditarod Air Force and The Iditarod Trail Committee has provided information  that is not to be used for flight planning or flight navigation. It is only here as a guide and pilot discretion must always be used.

Iditarod Air Force

Mark Kelliher

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