“Nobody has sat down and actually looked at the nitty gritty of what does immunizing legislation that works look like,” she said.
There are also many questions, Ms. Gabrynowicz said, about whether federal law pre-empts state law in this area, whether state law would still apply if the accident happened over another state or country and whether it would cover passengers from countries that don’t allow such exemptions.
Federal law exempts spacecraft operators from liability, requiring them to warn passengers in writing of associated risks.
Ms. Gabrynowicz said that states are now trying to create an even more advantageous position for operators “so they can promote the industry.”
In New Mexico, the strong trial lawyer lobby has been successful in persuading the Democrat-controlled legislature against expanding the exemption.
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