Space tourism operators could still be sued for any injury or death of passengers despite the use of liability waivers, say US lawyers. Legislators have been advised that US law on compensation means any waivers could be challenged.
Under new guidelines, suborbital vehicle passengers are expected to sign a waiver. The guidelines have been designed under an "informed consent" legal framework for commercial operations, but that may not be enough.
"I'm sure it will be subject to litigation at some point," said Tim Hughes, majority counsel for the US House of Representatives science committee, at the 12th Space Access Conference in Phoenix, Arizona, late last month.
Because government and industry have agreed to use the consent concept, the guidelines are unlikely to change and could become federal regulations within 18 months. The process involves nine steps, with opportunities for public comment. If this timetable is adhered to, the guidelines would become law about a year before the first passenger flights are expected. UK-based Virgin Galactic aims to begin carrying passengers in 2008.
ROB COPPINGER/PHOENIX
Source: Flight International
