Immunity for Space Travel Bill on Governor's Desk

Ben Glass
Attorney
(866) 735-1102 Ext 320
Posted by Ben GlassMarch 25, 2007 6:51 AM

I posted earlier about this inane idea to pass a law to immunize from liability these groups who are developing commercial space flights. Now the bill sits on the Governor's desk and I suppose he is seriously considering one more immunity bill for Virginia.

(I'm not against space flight for real people. Great if you can afford it, I imagine. )

What I do think is wrong is for the state to grant immunity from lawsuits to ANY business. The question must be asked: why grant immunity for lawsuits for injuries to one man's business and not another? This MARS group is certainly in this business to make a profit. Same as me and I have no problem with that. That's why any of us start a business, the make a profit.

Tort law hold individuals and businesses accountable for their negligence and carelessness. (It was tort law that forced the medical profession to correctly mark the "nitrogen" and "oxygen" valves on the anesthesia machines after people were dying because folks couldn't hook the machines up correctly.)

Granting immunity to anyone absolves them, in advance, for their carelessness and reduces the incentive to be careful (which is one of the primary reasons for tort law.

Now that's a great gig if you can get it.

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Jack Kennedy
Posted by Jack Kennedy
March 30, 2007 5:34 AM

I understand our profession as attorneys and as tort lawyers but one can not be pro-commercial spaceflight development and anti this new law at this particular stage. The two positions just do not 'jive.'

Once the commercial spaceflight industry develops standards over he next few years, it may well be treated as the airline industry but let's NOT kill it before it is born please. That is not equity. We can agree, just a matter of moving from nascent to maturity.

The current Virginia law left the spaceport at a distinct competitive disadvantage. The new law will give it a chance to be comeptitive with California, Florida, New Mexico, Oklahoma and Texas where other similar commercial spaceports have developed.

Thank goodness the VTLA had the wisdom (sanity) and vision to agree to the sunset provision in the measure and thereby enable the state the chance to more fully develop the Virginia spaceport. It was the right position. I urge just to think it through.

The spin-off technologies and investment from commercial space launch providers could be quite beneficial to the state's economy and higher education. Let me suggest a larger view in the short-term. Our views will meet as the commercial space launch barnstorming days end in a few years.

I do enjoy reading your views. I share the aspiration and hope to see the viable commercial space launch industry achieve maturity and both launch capability and capacity from Virginia in the decade ahead. But it must be enabled through the adopted framework in the short-term with all due sane respect.

There will still be an eminence liability for each commercial space launch despite the niche passenger waiver regime requiring hundreds of thousands of dollars of Maximum Probable Loss (MPL) insurance.

Virginia's commercial spaceport has an outside chance of being the commercial resupply for the International Space Station where the first commercial astronuats will take supplies to orbit as well as perhaps the first Wallops to Paris hypersonic transport flights in 45-minutes in the next decade. Let's give it a chance, please.

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