108. Trespass, nuisance, and responsibility for damage

No action shall lie against an owner of an aircraft for trespass or nuisance, by reason only of the flight or any ordinary effects of the flight of such aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case is reasonable, so long as the provisions of this Act and any regulations, rules or implementing standards, directions, directives, instructions or procedures made, thereunder or issued have been duly complied with.

Where any material damage or loss is caused by an aircraft in flight, taking off or landing or by any person in any such aircraft or by an article or a person falling off from any such aircraft, to any person or property on land or water, compensation in respect of such damage or loss shall be recoverable from the owner of the aircraft without proof of negligence or intention or other cause of action, as though the same had been caused by his willful act, neglect or default, except where the damage or loss was caused by or contributed to, by the negligence of the person by whom the same was suffered :

Where any aircraft has been let or hired out for a period exceeding fourteen days to any other person by the owner thereof and no Pilot-in-Command, navigator or operating member of the crew of the aircraft is in the employment of the owner, this section shall be read and construed as though the reference to the “owner” were a reference to the person to whom the aircraft has been let or hired out.