Liability Protection for Manned Space Missions Considered by Florida Legislature
The Florida Legislature is considering extending liability protection to companies launching manned space missions from the state.
The measure is being sponsored by Republican Tyler Sirois, who represents the area around Cape Canaveral and the Kennedy Space Center. The House House Civil Justice Subcommittee last week voted 16-1 to move HB 839 forward. The bill text specifies that under most conditions, "a spaceflight entity is not liable for injury to or death of a participant or crew resulting from the inherent risks of spaceflight activities."
Florida law currently protects companies from liability claims stemming from injuries that might be caused to those who are not considered crew members.
The liability protection legislation under consideration in the Florida House does not hold companies harmless if the company:
Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant or crew, which and that act or omission proximately causes injury, damage, or death to the participant or crew;
Has actual knowledge or reasonably should have known of an extraordinarily dangerous condition that is not inherent on the land or in the facilities or equipment used in the spaceflight activities, which and the danger proximately causes injury, damage, or death to the participant or crew.
Intentionally injures the participant or crew.
Liability Protection Comes with Provisions
To be afforded the liability protection under the new Florida law, companies would be required to have all crew members sign a release containing at least the following language:
"WARNING: Under Florida law, there is no liability for an injury to or death of a participant or crew in a spaceflight activity provided by a spaceflight entity if such injury or death results from the inherent risks of the spaceflight activity. Injuries caused by the inherent risks of spaceflight activities may include, among others, injury to land, equipment, persons, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this spaceflight activity."
Failure to provide the warning to crew members would open the company up to liability in the event of an accident.
A companion bill has been introduced in the Florida Senate. If enacted, it would go into effect on July 1, 2023.
(Source: Florida House. Images from file)