Maryland § 5-1005

Full text of Maryland Maryland Code § 5-1005, with citation guidance and answers to common questions.

§ 5-1005.

    (a)    The owner and lessee of an aircraft operated above the lands and waters of this State are each prima facie liable, jointly and severally, for any injury to persons or property on the land or water beneath them that is caused by the operation of the aircraft or by the falling of any object from the aircraft, unless:

        (1)    The injury is caused in whole or in part by the negligence of the injured person or of the owner or bailee of the injured property; or

        (2)    At the time of the injury, the aircraft is being used without consent of the owner or the lessee, as the case may be.

    (b)    The presumption of liability on the part of the owner or lessee may be rebutted by proof that the injury was not caused by negligence on the part of:

        (1)    The owner or the lessee, as the case may be;

        (2)    Any person operating the aircraft with the permission of the owner or lessee; or

        (3)    Any person maintaining or repairing the aircraft with the permission of the owner or lessee.

    (c)    A person who is not the owner or lessee of the aircraft is liable only for the consequences of his own negligence.

    (d)    (1)    The injured person or the owner or bailee of the injured property has a lien on the aircraft to the extent of the damage caused by the aircraft or the object falling from it, if he registers and records with the Administration a sworn notice of the lien within 30 days from the date of the injury. The notice of lien shall set forth in detail the injury or damage sustained by him or his property.

        (2)    A notice of a lien not so recorded is void against subsequent good faith purchasers and mortgagees without actual notice. The lien terminates on rebuttal of the prima facie liability by the owner or lessee of the aircraft.

Frequently Asked Questions About Maryland § 5-1005

What does Maryland Code § 5-1005 cover?

Section 5-1005 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 5-1005?

A common citation format is "Maryland Code § 5-1005" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 5-1005 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.