8.01-227.9 - Civil immunity for space flight entities. - Virginia Statutes

§ 8.01-227.9. Civil immunity for space flight entities.

A. Except as provided in subsection B, a space flight entity is not liablefor a participant injury resulting from the risks of space flight activities,provided that the participant has been informed of the risks of space flightactivities as required by federal law pursuant to federal law and thisarticle, and the participant has given his informed consent that he isvoluntarily participating in space flight activities after having beeninformed of the risks of those activities as required by federal law and thisarticle. Except as provided in subsection B, no (i) participant, (ii)participant's representative, including the heirs, administrators, executors,assignees, next of kin, and estate of the participant, or (iii) any personwho attempts to bring a claim on behalf of the participant for a participantinjury, is authorized to maintain an action against or recover from a spaceflight entity for a participant injury that resulted from the risks of spaceflight activities.

B. Nothing in subsection A shall prevent or limit the liability of a spaceflight entity if the space flight entity does either of the following:

1. Commits an act or omission that constitutes gross negligence evidencingwillful or wanton disregard for the safety of the participant, and that actor omission proximately causes a participant injury; or

2. Intentionally causes a participant injury.

C. Any limitation on legal liability afforded by this section to a spaceflight entity is in addition to any other limitations of legal liabilityotherwise provided by law.

(2007, c. 893.)