---
kind: "section"
citation: "49 U.S.C. § 44112"
title: "49"
title_heading: "Transportation"
number: "44112"
heading: "Limitation of liability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/44112"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart iii — safety"
  - "Chapter 441 — Registration and Recordation of Aircraft"
---

# §44112. Limitation of liability

- (a) **Definitions.—** In this section—
  - (1) “lessor” means a person leasing for at least 30 days a [civil aircraft](/usc/49/40102.md?p=a-16), [aircraft engine](/usc/49/40102.md?p=a-7), or [propeller](/usc/49/40102.md?p=a-40).
  - (2) “owner” means a person that owns a [civil aircraft](/usc/49/40102.md?p=a-16), [aircraft engine](/usc/49/40102.md?p=a-7), or [propeller](/usc/49/40102.md?p=a-40).
  - (3) “secured party” means a person having a security interest in, or security title to, a [civil aircraft](/usc/49/40102.md?p=a-16), [aircraft engine](/usc/49/40102.md?p=a-7), or [propeller](/usc/49/40102.md?p=a-40) under a [conditional sales contract](/usc/49/40102.md?p=a-18), equipment trust contract, chattel or corporate mortgage, or similar instrument.
- (b) **Liability.—** A lessor, owner, or secured party is liable for personal injury, death, or property loss or damage only when a [civil aircraft](/usc/49/40102.md?p=a-16), [aircraft engine](/usc/49/40102.md?p=a-7), or [propeller](/usc/49/40102.md?p=a-40) is in the actual possession or operational control of the lessor, owner, or secured party, and the personal injury, death, or property loss or damage occurs because of—
  - (1) the [aircraft](/usc/49/40102.md?p=a-6), engine, or [propeller](/usc/49/40102.md?p=a-40); or
  - (2) the flight of, or an object falling from, the [aircraft](/usc/49/40102.md?p=a-6), engine, or [propeller](/usc/49/40102.md?p=a-40).

## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1167; Pub. L. 115–254, div. B, title V, § 514, Oct. 5, 2018, 132 Stat. 3358.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 44112 | 49 App.:1404. | Aug. 23, 1958, Pub. L. 85–726, § 504, 72 Stat. 774; restated July 8, 1959, Pub. L. 86–81, § 2, 73 Stat. 180. |

In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 (2d–57th words). Clause (2) is added for clarity. In clause (1), the words “bona fide” are omitted as surplus. In clause (3), the word “nature” is omitted as surplus.

In subsection (b), before clause (1), the words “personal injury, death” are substituted for “any injury to or death of persons”, and the words “on land or water” are substituted for “on the surface of the earth (whether on land or water)”, to eliminate unnecessary words. In clause (2), the words “ascent, descent, or” and “dropping or” are omitted as surplus.

### Editorial Notes

### Amendments

2018—Subsec. (b). Pub. L. 115–254, in introductory provisions, struck out “on land or water” before “only when” and inserted “operational” before “control”.