ASSESSING THE RISKS: TORT LIABILITY AND RISK MANAGEMENT IN THE EVENT OF A COMMERCIAL HUMAN SPACE FLIGHT VEHICLE ACCIDENT

摘要

Federal law provides minimum guidance on CHSF tort liability, only legislating in the areas of mandatory crow-waivers of liability, licensee insurance and financial responsibility requirements, and catastrophic indemnification. CHSF tort liability is therefore primarily governed by state law, with litigants subject to a multiplicity of jurisdictions without unified standards. As a result, parties involved in CHSF must do their best to formulate potential risks by drawing parallels to other established industries such as aviation and adventure sports/tourism. Interested parties should undertake legal risk mitigation measures that minimize exposure and protect against tort liability.