Civil or Criminal Liability for Injuries During Space Flight

  1. Law
  2. Georgia Code
  3. Torts
  4. Liability of Owners and Occupiers of Land
  5. Liability of Space Flight Entities
  6. Civil or Criminal Liability for Injuries During Space Flight

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  1. Except as provided in subsection (b) of this Code section, a space flight entity shall not be civilly liable to or criminally responsible for any person for a space flight participant injury arising out of inherent risks associated with any space flight activities occurring in or originating from this state if the space flight participant has:
    1. Signed the warning and agreement required by Code Section 51-3-43; and
    2. Given written informed consent as may be required by 51 U.S.C. Section 50905 or other federal law.
  2. Nothing in this Code section shall:
    1. Limit liability for a space flight participant injury:
      1. Proximately caused by the space flight entity's gross negligence for the safety of the space flight participant; or
      2. Intentionally caused by the space flight entity;
    2. Limit the liability of any space flight entity against any person other than a space flight participant who meets the requirements of paragraphs (1) and (2) of subsection (a) of this Code section;
    3. Limit liability for the breach of a contract for use of real property by a space flight entity; or
    4. Preclude an action by the federal government, the State of Georgia, or any state agency to enforce a valid statute or rule or regulation.
  3. The limitations on legal liability afforded to a space flight entity by the provisions of this article shall be in addition to any other limitations of legal liability provided by federal law or the laws of this state.

(Code 1981, §51-3-42, enacted by Ga. L. 2017, p. 348, § 1/HB 1.)


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