42. Trespass, nuisance and responsibility for damage

Subject to subsections (2) and (3), no action lies in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground which, having regard to wind, weather, and all the circumstances of the case is reasonable, or the ordinary incidents of the flight, so long as the provisions of this Part and any subsidiary legislation made under this Part are duly complied with.

Where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by any article falling from any such aircraft, to any person or property on land or water, damages are recoverable from the owner of the aircraft in respect of the damage or loss, without proof of negligence or intention or other cause of action, as though the damage or loss had been caused by the owner’s wilful act, neglect or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the damage or loss was suffered.

Where material damage or loss mentioned in subsection (2) is caused in circumstances in which —

Where any aircraft has been bona fide demised, let, or hired out for a period exceeding 14 days to any other person by the owner of the aircraft 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 though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out.[9