Is the pilot legally liable for the passengers injuries and to the FBO for destroying its airplane?

Renting an aircraft from a fixed-base operator (FBO), a
college student who is a private pilot heads out on a cross-country trip to
spend Thanksgiving at home, bringing along a non-pilot friend. Due to a later
than planned start, the two arrive later than anticipated at the last planned
fuel stop at a rural airport, only to find the FBO closed and the fuel pumps
locked. A cell phone call to the FBOs number yields a recorded message that
the business is closed for the holiday weekend. Estimating that at least an
hours fuel remains in the aircrafts tanks, the pilot takes off again,
planning to refuel at the next airport along the route. Unfortunately, the
pilots estimate proves wrong and the aircraft runs out of fuel on approach to
the next airport. In the dark, the pilot lands short of the runway and the
airplane is destroyed, and the passenger is seriously injured, though the pilot
escapes with minor scrapes and bruises.

Is the pilot legally liable for the passengers injuries and
to the FBO for destroying its airplane? Explain. Your answer should discuss
which law applies (the 4-part negligence test) and why.

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