O.C.G.A. § 6-2-6 (2019)

Annotations

Cross references. - Duties of carriers of passengers generally, § 46-9-132. JUDICIAL DECISIONS Degree of care owed guest by operator of aircraft. - Rules of law governing the degree of care owed by an operator of an aircraft to the operator’s guest riding therein are the same as those governing the operator of a motor vehicle under similar circumstances, and in both cases the defendant operator is liable for injuries to the operator’s guest only in cases of gross negligence. Osburn v. Pilgrim, 246 Ga. 688, 273 S.E.2d 118 (1980). Duty owed a guest passenger riding by invitation in another’s automobile is that of slight care; and the absence of such care is termed gross negligence. Sammons v.

Webb, 86 Ga. App. 382, 71 S.E.2d 832 (1952). Defenses of assumption of risk and avoidance of consequences are available to a defendant pilot of an aircraft. Osburn v. Pilgrim, 246 Ga. 688, 273 S.E.2d 118 (1980). Family-purpose doctrine is applicable to aircraft. - Family-purpose doctrine, is to have broad application, and is applicable to aircraft as well as automobiles and watercraft. Kimbell v. DuBose, 139 Ga. App. 224, 228 S.E.2d 205 (1976). Cited in Newman v. Fleming, 331 F. Supp. 973 (S.D. Ga. 1971).

RESEARCH REFERENCES Am. Jur. 2d. - 8 Am. Jur. 2d, Aviation, § 107 et seq. C.J.S. - 2A C.J.S., Aeronautics and Aerospace, §§ 128 et seq., 147 et seq., 240 et seq. ALR. - Airplane as within terms ‘‘vehicle,’’ ‘‘motor vehicle,’’ 165 ALR 916. Death of or injury to occupant of airplane from collision or near-collision with another aircraft, 12 ALR2d 677; 64 ALR5th 235. Limitation of liability for personal injury by air carrier, 13 ALR2d 337. Who constitutes member of ‘‘crew’’ of aircraft within clause of aviation accident policy or rider thereto covering injuries to such personnel, 14 ALR2d 1363. Liability of operator of flight training school for injury or death of trainee, 17 ALR2d 557. Duty and liability as to preflight inspection and maintenance of aircraft, 30 ALR2d 1172.

Proof, in absence of direct testimony by survivors or eyewitnesses, as to who, among occupants of plane, was piloting it at time of accident, 36 ALR2d 1290. Duty and liability of carrier with respect to allowing passenger sufficient time for change of vehicles, 40 ALR2d 809. Employer’s liability for negligence of employee in piloting his own airplane in employer’s business, 46 ALR2d 1050. Liability of carrier to passenger injured by hurling of object through window by a third person, 46 ALR2d 1098. Negligence in operation of airplane on take-off, 74 ALR2d 615. Negligence in operation of airplane in landing, 74 ALR2d 628. Liability for injury or damage from taxiing aircraft, 74 ALR2d 654. Air carrier’s liability for injury to passenger from changes in air pressure, 75 ALR2d 848. Interference with airplane pilot or con-

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GA RV 13 RV 4(T4-6) - EP

trols as negligence or contributory negligence, 75 ALR2d 858. Liability for personal injury or death based on overloading aircraft, 75 ALR2d 868. Aviation: helicopter accidents, 35 ALR3d 707. Liability for injury to guest in airplane, 40 ALR3d 1117. Aviation law: liability of air carrier for injury to, or death of, passenger on charter flight, 41 ALR3d 455; 91 ALR Fed. 547. Liability for alleged negligence of independent servicer or repairer of aircraft, 41 ALR3d 1320. Liability of owner or operator of motor vehicle or aircraft for injury or death allegedly resulting from failure to furnish or require use of seat belt, 49 ALR3d 295. Choice-of-law considerations in application of aviation guest statute, 62 ALR3d 1076. Constitutionality of automobile and aviation guest statutes, 66 ALR3d 532. Liability of air carrier for damage or injury sustained by passenger as result of hijacking, 72 ALR3d 1299.

Risks and causes of loss covered or excluded by aviation liability policy, 86 ALR3d 118. Airport operations liability insurance, 92 ALR3d 1267. Application of res ipsa loquitur doctrine to accident incurred by passenger while boarding or alighting from a carrier, 93 ALR3d 776. Products liability: personal injury or death allegedly caused by defect in aircraft or its parts, supplies, or equipment, 97 ALR3d 627. Res ipsa loquitur in aviation accidents, 25 ALR4th 1237. Liability of land carrier to passenger who becomes victim of third party’s assault on or about carrier’s vehicle or premises, 34 ALR4th 1054. Liability of land carrier to passenger who becomes victim of another passenger’s assault, 43 ALR4th 189. Limitation of liability of air carrier for personal injury or death, 91 ALR Fed. 547. What constitutes accident under Warsaw Convention (49 USCA § 40105 note), 147 ALR Fed. 535.