Minnesota Statutes
Minn. Stat. § 360.0216 (2026)
Aircraft Operator Deemed Owner's Agent
✓ current as of May 2026
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When an aircraft is operated within the airspace above this state or upon the ground surface or waters of this state by a person other than the owner, with the consent of the owner, expressed or implied, the operator shall in case of accident be deemed the agent of the owner of the aircraft in its operation.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1979–2026 · leading case: Ewers v. Thunderbird Aviation, Inc., 289 N.W.2d 94 (Minn. 1979).
Ewers v. Thunderbird Aviation, Inc., 289 N.W.2d 94 (Minn. 1979). “) Plaintiffs claim that the above statute creates an agency relationship between the negligent pilots and defendants, [2] thus authorizing the imposition of vicarious liability.”
Boatwright v. Budak, 625 N.W.2d 483 (Minn. Ct. App. 2001). “The issue in Ewers was whether Minn.Stat. § 360.0216 imposes vicarious liability on an aircraft owner when the pilot’s negligent acts and the impact of the aircraft occurred in another state.”
Avis Rent-A-Car Sys. v. Vang, 123 F. Supp. 2d 504 (D. Minn. 2000). “In Ewers , the Minnesota Supreme Court, interpreting a similarly-worded aviation statute, Minn.Stat. § 360.0216, 1 held that an aircraft owner was vicariously liable for the negligence of *507 a third party who caused an airplane crash in another state.”
Cosgrove v. McDonnell Douglas Helicopter Co., 847 F. Supp. 719 (D. Minn. 1994). “405 , the Jacksons had a non-delegable duty to inspect and maintain the helicopter; 2) Under the provisions of Minnesota Statutes Section 360.0216, the Jacksons should be responsible for the fault of Backman; and 3) Under the common law of Minnesota, Back-man was the agent of…”
Rebecca A. Niebuhr v. Jacob Sieberg, Timothy Sieberg (Minn. 2026). “(applying Minn. Stat. § 360.0216 , which states, “[w]hen an aircraft is operated … by a person other than the owner, with the consent of the owner, expressed or implied, the operator shall in case of accident be deemed the agent of the owner of the aircraft in its operation”).”
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