Space Flight Liability

Article 5 of Chapter 5 of Title 7 of Part 4 of Division 3 of the Civil Code deals with space flight liability and immunity.

Section 2210 defines the following terms: “participant,” “participant injury,” “space flight activities,” and “space flight entity.”

Section 2211 provides that a space flight entity providing space flight activities to a participant is required to have each participant sign a warning statement that contains, at a minimum, and in addition to any language required by federal law, a specified notice.

Section 2212 states that a space flight entity is not liable for participant injury arising out of space flight activities if both of the specified conditions apply.

If informed consent is given, a participant, his or her representative, including the heirs, administrators, executors, assignees, next of kin, and estate of the participant, or any person who attempts to bring a claim on behalf of the participant for a participant injury, is not authorized to maintain an action against, or recover from, a space flight entity for a participant injury that resulted from the risks associated with space flight activities, except as provided.

However, nothing in this section prevents or limits the liability of a space flight entity that does any of three specified acts. Any limitation on legal liability afforded by this section to a space flight entity is in addition to any other limitations of legal liability otherwise provided by law. And, nothing in this section is to be construed to limit the liability of a manufacturer of a part or component used in space flight activities if a defective part or component proximately causes an injury to the participant.