(2)
Subject to subsection (3), where material loss or damage
is caused to any person or property on land or water by, or by a person in, or an article or person falling from, an aircraft while
in flight, taking off or 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 shall be
recoverable 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 of the aircraft.
(3) Where material loss or damage is caused as described in
subsection (2) and in circumstances in which
(a)
(b)
damages are recoverable in respect of the said loss
or damage by virtue only of subsection (2); and
a legal liability is created in some person other
than the owner of an aircraft to pay damages in
respect of the said loss or damage,
such owner shall be entitled to be indemnified by that other person
against any claim in respect of the said loss or damage.
(4) In this section "owner" includes, in relation to an
aircraft, the person having the management of the aircraft for the
time being or, in relation to a time, at that time.
9.
Application of law of salvage and wreck salvage to aircraft
(1) (a) Any services rendered in assisting, or in saving life
from, or in saving the cargo or apparel of, an
aircraft in, on or over the sea or any tidal water,
or on or over the shore of the sea or any tidal
water, shall be deemed to be salvage services in all