Colombian Trade Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title XIII - Marine Insurance - Part II - Aeronautics - Chapter VI - Third Party on the Surface - From: Section 1827 to: Art 1840

CHAPTER VI

Damage to third parties on the surface

Section 1827 .- The person who suffers damage on the surface is entitled to be indemnified by the operator the aircraft with only prove that such damage caused by an aircraft in flight or a person or thing falling from it.
However, there shall be no compensation if the damage does not result directly from the event that has caused, or are due to the mere passage of aircraft through the airspace if there were air traffic regulations.
Section 1828 .- For purposes of this Chapter shall mean the aircraft in flight from the moment you start your engines for departure until they are turned off at the end of the tour.
If an aircraft is lighter than air, the expression "in flight" applies to the period from the time that emerges from the surface to that on which it is tied to it again.
Section 1829 .- The responsibility enshrined in Article 1827 shall not affect the operator's right of recourse against the direct perpetrators of damage, if any.
Section 1830 .- The operator is not required to compensate for damage directly resulting from conflict or civil unrest or has been deprived of the use of the aircraft by act of public authority, or unlawful seizure of aircraft by third parties.
Section 1831 .- The defendant shall be exempt from liability if he proves that the damage was caused solely because of the victim or his dependents.
If the defendant proves that the damage has been caused by the fault of the victim or his dependents who acted in the exercise of their functions and within the limits of its powers, compensation will be reduced to the extent that such negligence contributed to the damage.
If the damages resulting from death or a person are the basis for an action for damages tried by another, blame the victim or his dependents will also produce the effects provided for in the preceding paragraph.
Section 1832 .- The operator of an aircraft shall be jointly liable with whom the use without your consent, unless he proves to have taken appropriate measures to prevent such use. But the operator will benefit from the liability limits.
Section 1833 .- if the victim proves that the damage was caused by willful misconduct of Operator or its subsidiaries that operator may not invoke the limitation of liability unless it proves that their dependents did not act in exercise of its functions or exceeded the limits of its powers.
Section 1834 .- If two or more aircraft collide in flight or interfered with each other and are repairable damage under Article 1827, or if two or more aircraft together cause such damage, each aircraft is considered as the cause of damage and the operator concerned be responsible, under the conditions and limits of liability provided in this Code.
In such cases, the person who suffers the damage is entitled to be compensated to the amount of the liability limits for each aircraft, but no operator shall be liable for a sum that exceeds the limits applicable to your aircraft, Unless you are as provided in the first part of the preceding article.
Section 1835 .- Compensation for damage to third parties on the surface shall not exceed, per aircraft accident, of:

1. Thirty-three thousand three hundred thirty-three grams of pure gold, for aircraft weighing no more than one thousand kilograms;

2. Thirty-three thousand three hundred thirty-three grams of pure gold, more twenty-six grams of pure gold and sixty-six Celsius per kilogram over the thousand, for aircraft weighing more than thousand and not more than six thousand kilograms;

3. One hundred sixty-six thousand six hundred thirty-three grams of gold, plus sixteen and sixty-six grams of pure gold centigrams per kilogram over the six thousand pounds for aircraft not exceeding twenty thousand pounds;

4. Three hundred ninety-nine thousand eight hundred seventy-three grams of pure gold, plus ten grams of gold per kilogram over the twenty thousand pounds for aircraft weighing more than twenty thousand and not exceeding fifty thousand pounds, and

5. Six hundred ninety-nine thousand eight hundred seventy-three grams of pure gold, plus six and sixty-six grams centigrams per kilogram over the fifty thousand pounds for aircraft weighing more than fifty thousand pounds.

Compensation for death or injury shall not exceed thirty-three thousand three hundred thirty-three grams of gold per person killed or injured.
Section 1836 .- The limitation of liability will not benefit the unlawful user, but their liability is governed by Articles 1827 and 1880.
Section 1837 .- if the amount of compensation established exceeds the applicable limit of liability under the provisions of this Chapter, the following rules shall apply:

1. If the claims are exclusively in respect of death or injury or only property damage will be reduced in proportion to their respective amounts, and

2. If the claims relate both to death or personal injury and damage to property, half of the distributable amount will be allocated preferentially to cover compensation for death or injury and, if enough such amount shall be allocated proportionately between the claims of case. The remainder of the total amount distributable shall be apportioned among the damages to property and the portion not covered in other compensation.

Section 1838 .- Actions under this chapter shall lapse two years counted from the date on which the event occurred that caused the damage.
Section 1839 .- The operator to compensate the damage caused by the fault of another have recourse action against it.
Section 1840 .- The provisions of this chapter shall apply to State aircraft, in which case means that the operator is the nation.