Common CarriersSpace Flight Liability and Immunity

Section § 2210

Explanation

This section defines key terms related to space flight activities for legal purposes. A "participant" is someone involved in a space flight as defined by U.S. federal law. "Participant injury" covers bodily harm, including emotional or property damage, that could happen to a participant. "Space flight activities" refer to launching or reentering spacecraft. A "space flight entity" is any organization, public or private, that has FAA authorization to conduct these activities under specific U.S. regulations, including having any necessary permits or licenses.

For purposes of this article:
(a)CA Civil Law Code § 2210(a) “Participant” means a space flight participant as defined in Section 50902 of Title 51 of the United States Code.
(b)CA Civil Law Code § 2210(b) “Participant injury” means a bodily injury, including death, emotional injury, or property damage, sustained by the participant.
(c)CA Civil Law Code § 2210(c) “Space flight activities” means launch services or reentry services as defined in Section 50902 of Title 51 of the United States Code.
(d)CA Civil Law Code § 2210(d) “Space flight entity” means any public or private entity that holds, either directly or through a corporate subsidiary or parent, a license, permit, or other authorization issued by the United States Federal Aviation Administration pursuant to the federal Commercial Space Launch Amendments Act of 2004 (51 U.S.C. Sec. 50905 et seq.), including, but not limited to, a safety approval and a payload determination.
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Section § 2211

Explanation

This law requires any company offering space flights to have participants sign a warning statement acknowledging the risks involved. The statement must include specific language about limited liability for injuries or damages related to space flights. Participants must confirm their understanding and have the chance to consult a lawyer before signing. If the company doesn't follow these rules, they can't use certain legal protections. This law supports public policy without going against it.

(a)CA Civil Law Code § 2211(a) A space flight entity providing space flight activities to a participant shall have each participant sign a warning statement that shall contain, at a minimum, and in addition to any language required by federal law, the following notice:
“WARNING AND ACKNOWLEDGMENT: I understand and acknowledge that, under California law, there is limited civil liability for bodily injury, including death, emotional injury, or property damage, sustained by a participant as a result of the inherent risks associated with space flight activities provided by a space flight entity. I have given my informed consent to participate in space flight activities after receiving a description of the inherent risks associated with space flight activities, as required by federal law pursuant to Section 50905 of Title 51 of the United States Code and Section 460.45 of Title 14 of the Code of Federal Regulations. The consent that I have given acknowledges that the inherent risks associated with space flight activities include, but are not limited to, risk of bodily injury, including death, emotional injury, and property damage. I understand and acknowledge that I am participating in space flight activities at my own risk. I have been given the opportunity to consult with an attorney before signing this statement.”
(b)CA Civil Law Code § 2211(b) Failure to comply with the requirements provided in this section shall prevent a space flight entity from invoking the privileges of immunity provided by Section 2212.
(c)CA Civil Law Code § 2211(c) Nothing in this section shall be construed to be contrary to the public policy of this state.
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Section § 2212

Explanation
This law says that space flight companies in California aren't responsible for injuries to participants if the participants knew the risks involved and agreed to them in writing. However, it doesn't protect companies if they're grossly negligent, deliberately cause harm, or if they knew about a dangerous condition that caused the injury. If a manufacturer's defective part causes an injury, they're not protected by this limitation either.
(a)CA Civil Law Code § 2212(a) Except as provided in subdivision (c), a space flight entity shall not be liable for participant injury arising out of space flight activities if both of the following apply:
(1)CA Civil Law Code § 2212(a)(1) The participant has been informed of the risks associated with space flight activities as required by federal law and Section 2211.
(2)CA Civil Law Code § 2212(a)(2) The participant has given his or her informed consent that he or she is voluntarily participating in space flight activities after having been informed of the risks associated with those activities, as required by federal law and Section 2211.
(b)CA Civil Law Code § 2212(b) If informed consent is given pursuant to subdivision (a), 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, shall not be 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 in subdivision (c).
(c)CA Civil Law Code § 2212(c) Nothing in this section shall prevent or limit the liability of a space flight entity that does any of the following:
(1)CA Civil Law Code § 2212(c)(1) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, and that act or omission proximately causes a participant injury.
(2)CA Civil Law Code § 2212(c)(2) Intentionally causes a participant injury.
(3)CA Civil Law Code § 2212(c)(3) Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in space flight activities and the dangerous condition proximately causes injury, damage, or death to the participant.
(d)CA Civil Law Code § 2212(d) 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.
(e)CA Civil Law Code § 2212(e) Nothing in this section shall 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.
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