What does risk mean in this new "risky space business"? : managing liability exposure for injuries to crew and passengers resulting from US commercial space activities / By Maria-Vittoria "Giugi" Carminati.Material type: BookSeries: Studies in Space Law: volume14.; International Law E-Books Online, Collection 2019, ISBN: 9789004390843: Publisher: Leiden Boston : Brill | Nijhoff, 2019Description: 1 online resource.Content type: text Media type: computer Carrier type: online resourceISBN: 9789004399716.Subject(s): Liability for aircraft accidents -- United States | Products liability -- Space vehicles -- United States | Manned space flight | Personal injuries -- United States | Aeronautics, Commercial -- Law and legislation -- United States | Risk -- United StatesDDC classification: 343.7309/79 Online resources: DOI:
Includes bibliographical references and index.
Front Matter -- Copyright Page -- Dedication -- Acknowledgments -- Abbreviations -- Introduction -- The Risks of Commercial Human Spaceflight -- A Review of Liability Exposure and Ways to Manage It -- Federal Legislation and Commercial Space -- Federal Jurisprudence and Commercial Space -- Federal Choice-of-Law for Disputes outside Federal Jurisdiction -- Exculpatory Agreements in Space Friendly States -- Express Assumption of Risk in Non-space Friendly States -- Statutes Limiting Liability for Space Activities -- Statutes Limiting Liability in Space Friendly States -- Implied Assumption of Risk in Space Friendly States -- Medical Malpractice Suits against a Commercial Space Physician and the chsf Operator by Co-employees and/or sfps -- Conclusion -- Back Matter -- Appendix -- Bibliography -- Index.
In the only analysis of its kind, Dr. Maria-Vittoria “Giugi” Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator’s liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state. Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.