By MIKE PURPURA
If you decide to land on a private airstrip and you damage your airplane, who is liable?
What if you are invited to land on a private strip and you bend something on your plane: Who is liable then?
In the early days of aviation, emergency landings were common. Fortunately there was more farmland and open space than cities. When an early aviator was forced to “drop in” unexpectedly, they were most likely welcomed with pie and coffee.
It is different now. The airspace is crowded, and sometimes you can’t avoid flying over highly populated areas.
But airplanes are reliable and we don’t worry too much about having to make an emergency landing. We just have to be on the lookout for a spot just in case the unthinkable happens.
That’s why those little circles on the sectional, the ones with the “R” inside, are so important.
Each one is a private strip carved out of a farm, forest, or rangeland. Those circles depict 2,000 to 3,000 feet of green carpet waiting to catch you when your airplane is turned into a glider.
These restricted airstrips are a possible resource to all of us who fly light aircraft.
The landowners who build and maintain these strips share a common interest in aviation, and likely own an airplane and use it. For example, in a 150-square-mile chunk of northern Illinois, I counted 21 private airstrips and three public airstrips.
But sometimes the private fields are tough to spot from the air — especially in the Midwest where everything is green.
But say you are faced with a forced landing and spot one from the air.
If you land without prior permission, like in an emergency, the landowner is protected from liability as if you were a trespasser.
But what if permission has been granted? All states have Recreational Use Statutes (RUS) that deal with liability issues in favor of the landowner. Typically, they give liability protection to landowners even when permission is granted for non-commercial, recreational purposes.
Many states define the recreational uses, such as bird watching, hunting, snowmobiling, etc. Other states contain a broad and inclusive definition that covers all recreational activities, including aviation.
Essentially these statutes place the risk on the person enjoying the activity — that means the pilot.
Of course, the landowner must not act negligently or “with malicious intent,” which nullifies liability protection.
Landowners may allow hunters on their land to eliminate pests. Or just to be a good neighbor and share their land with others. The intent of these statutes is to relieve them of liability so that they an offer their land for recreational use.
It is a win for all parties. People in states like Illinois — and in many eastern states with very little public land — benefit greatly since more land is available for recreation.
The Recreational Aviation Foundation (RAF) has made it a priority to have “aviation” included in many state’s RUS to clarify the limits of liability. The ultimate objective is for landowners to feel more comfortable allowing pilots to use their airstrips.
So, the next time you are planning a leisurely flight, find a little circle with an “R” in the middle, look up the owner and give him or her a call. Introduce yourself and get to know them, especially if you fly in the area often.
If you should get an invitation to visit, take them up on it. Pick up a box of doughnuts and go meet a fellow aviator. You will enjoy the experience.
If you decide to land and introduce yourself, be courteous, extend your hand and say thanks for maintaining a safe place to land.
When you fly out west, where there is an abundance of public land, you’ll see a combination of private and public airstrips, some of which are supported by the RAF in its ongoing effort to preserve, maintain and create public use recreational and backcountry airstrips nationwide. These strips are there for you to enjoy and you will see some eye-popping scenery.
Want to know more? Contact the RAF for more information on airstrips and recreational use. And consider joining the RAF. Think of it as investing in a safe and desirable place to land.
Mike Purpura is the Illinois Liaison for the Recreational Aviation Foundation. He can be reached at [email protected].
I was curious if anyone knows what the laws state in Illinois for liability on a private airstrip. I bought a house out in the country and the neighbor next door has a private grass strip that goes right behind my house. I currently fly a light sport aircraft and would like use of this runway. I have talked to the owner and she has let me use it a few times as long as I call first, but she is worried about liability issues. I dont mind calling her but I know with summer coming up I will be flying alot more and would like to get get full permission. She has told me that if we can find out a way where liability isnt an issue than she would gladly allow me to use the runway because she hates to see it sit there with no use.
If anyone has any suggestions, they would be greatly appreciated.
Thank you,
Rob
Hi Rob,
Thanks for inquiry. Refer to:
(745 ILCS 65/1) (from Ch. 70, par. 31)
Sec. 1. This Act shall be known and may be cited as the “Recreational Use of Land and Water Areas Act”.
The purpose of this Act is to encourage owners of land to make land and water areas available to any individual or members of the public for recreational or conservation purposes by limiting their liability toward persons entering thereon for such purposes.
(Source: P.A. 94-625, eff. 8-18-05.).
Your neighbor should read this statute. Illinois broadly defines Recreational Use. Like all airstrip owners they should warn users of unsafe conditions. Most airstrip owners, especially those with grass strips, would X the runway if it was too soft or there were bad ruts across the strip. The Illinois act was written for people like your neighbor to let others use their land. I would advise her to satisfy herself by telling her attorney what she wishes to do and give them the citation to the statute for reference. You could do the same. Ultimately it is all about relationships and responsible use. But the underlying fundamentals of protection for the land owner must be there. The Illinois statute went through several versions. That is why you will see references to hunting and shooting, but now any activity that is either recreational or conservation oriented has been written into the law. Landing a small airplane on a grass field certainly fits the criteria of recreational.
I am a member of RAF .And donated and think they are doing great. I’m s seabase owner and also have s strip in Wis. And I winter in FL on a air park. Which I am involved in the board. What can we do as a group to get legislation changed in the state of Florida. We needed in Florida to
David, good question! What can you do as a group? Well, first read the Florida RUS statute. There is some protection implied in the last part of the statute – that “including but not limited to” language. The Statute is 375.251
Second, speak to your airpark’s Representative and your district’s Senator. I’ve traveled around the state, in response to groups just like yours, both teach and advocating how to approach your legislators, and you’d be amazed how many pilots – those brave airman/women who reach for the sky – are intimidated about sitting down with a local guy or gal and explaining why the inclusion of ‘aircraft operations’ into our RUS statute is reasonable and about fairness to the landowner.
And finally, remember this is NOT an aviation issue. An amended RUS will not protect the aircraft renter, the pilot and the army of other entities that a liability claim tries to reach. Amending the RUS to protect airstrip owners – single or group – is a landowner’s fairness issue. And that’s because it’s the landowner – and only the landowner – who gains the protection provided by the RUS.
I’ve posted my email. If you’d like coaching on this subject before talking with your legislators, just give me a shout.
Some states have laws to hold harmless anyone involved in equestrian activities.
Meaning horseback riding.
So if you rent a horse, get bucked off and get hurt the owner is not responsible since you should have know the risk.
Some states have specifically extended the same protection to owners of private airfields.
If your state does not offer this protection to airport owners you should lobby to get that done.
After all I have never heard of an airport reaching up and grabbing an airplane.
Louisiana has protection for farmers, etc., so we figured we could get aviation included for the private airport owners in Louisiana a couple of years ago. The Trial Lawyers Ass’n evidently has a lot of the legislators in their pockets so it got tabled and sent to a committee made up of, you guessed it, a bunch of lawyers. The other problem was getting private airport owners to contact their legislators. As far as I know, only three owners did that even though it was made known through aviation newsletters. We do have a trespassing law, but that only protects you from people who you haven’t granted permission to fly in, but don’t dare invite someone to fly in.
Richard,
Any possibility to shift liability by signifying that when you land on a privately owned airstrip the PIC lands at his or her own risk. That way an owner could have some one land as long as they understood that it was at their own risk. If the airstrip became unusable due to weather, e.g. soft surface, standing water, the owner is responsible for X’ing it under those circumstances.