Bill Text: CA AB635 | 2023-2024 | Regular Session | Amended
Bill Title: Space flight liability and immunity.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB635 Detail]
Download: California-2023-AB635-Amended.html
|
Amended
IN
Assembly
April 17, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 635
| Introduced by Assembly Member Vince Fong |
February 09, 2023 |
An act to amend Sections 2210, 2211, and 2212 of the Civil Code, relating to space flight.
LEGISLATIVE COUNSEL'S DIGEST
AB 635, as amended, Vince Fong.
Space flight liability and immunity.
Existing law limits the civil liability of a space flight entity, as defined, if the entity had a participant in space flight activities sign a warning statement, as specified. Existing law does not limit a space flight entity’s civil liability, even if a participant signed the warning statement, if the entity had actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the space flight activities and the dangerous condition proximately causes injury, damage, or death to the participant. Existing law does not limit the liability of a manufacturer of a part or component used in space flight activities if a defective part or component proximately causes injury to a participant.
This bill would define a “space flight manufacturer”
entity” to mean a manufacturer of a part or component
used in space flight activities. a public or private entity that holds, either directly or through a corporate subsidiary or parent, a license, permit, or other authorization issued under federal law, as specified. The bill would limit civil liability of a space flight manufacturer entity if the space flight entity had a participant or crewmember in space flight activities sign a warning statement, as specified. The bill would not limit a space flight manufacturer’s
entity’s civil liability, even if a participant or crewmember signed the warning statement, if either
the space flight entity or space flight manufacturer had actual knowledge or reasonably should have known of a an extraordinarily dangerous condition on the land or in the facilities or equipment used in the space flight activities that is not inherent to space flight activities and the extraordinarily dangerous condition proximately causes injury, damage, or death to the participant. The bill would declare
provide that a space flight manufacturer entity is not strictly liable for personal injury or wrongful death resulting from space flight activities.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2210 of the Civil Code is amended to read:2210.
For purposes of this article:(a) “Crew” means crew or government astronaut as defined in Section 50902 of Title 51 of the United States Code.
(a)
(b) “Participant” means a space flight participant as defined in Section 50902 of Title 51 of the United States Code.
(b)
(c) “Participant or crewmember injury” means a bodily injury, including death, emotional injury, or property damage, sustained by the participant.
(c)
(d) “Space flight activities” means launch services or reentry services as defined in Section 50902 of Title 51 of the United States Code.
(d)
(e) “Space flight entity” means any a public or private entity that holds, either directly or through a corporate subsidiary or parent, a license, permit, or other authorization issued by the United States government or the Federal Aviation Administration pursuant to the federal Commercial Space Launch Amendments Act of 2004 (51 U.S.C. Sec. 50905 et seq.), including, but not limited to, a safety approval and a payload determination.
seq.).
(e)“Space flight manufacturer” means a manufacturer of a part or component used in space flight activities.
SEC. 2.
Section 2211 of the Civil Code is amended to read:2211.
(a) A space flight entity providing space flight activities“WARNING AND ACKNOWLEDGMENT: I understand and acknowledge that, under California law, there is limited civil liability for bodily injury, including death, emotional injury, or property damage, sustained by a participant
or crewmember as a result of the inherent risks associated with space flight activities provided by a space flight entity. I have given my informed consent to participate in space flight activities after receiving a description of the inherent risks associated with space flight activities, as required by federal law pursuant to Section 50905 of Title 51 of the United States Code and Section 460.45 of Title 14 of the Code of Federal Regulations. The consent that I have given acknowledges that the inherent risks associated with space flight activities include, but are not limited to, risk of bodily injury, including death, emotional injury, and property damage. I understand and acknowledge that I am participating in space flight activities at my own risk. I have been given the opportunity to consult with an attorney before signing this statement.”
(b) Failure to comply with the requirements provided in this section shall prevent a space flight entity or a space flight manufacturer from invoking the privileges of immunity provided by Section 2212.
(c) Nothing in this section shall be construed to be contrary to the public policy of this state.
SEC. 3.
Section 2212 of the Civil Code is amended to read:2212.
(a) Except as provided in subdivision (c), a space flight entity(1) The participant or crewmember has been informed of the risks associated with space flight activities as required by federal law and Section 2211.
(2) The participant or crewmember has given informed consent that
the participant or crewmember is voluntarily participating in space flight activities after having been informed of the risks associated with those activities, as required by federal law and Section 2211.
(b) If informed consent is given pursuant to subdivision (a), a participant, the participant’s representative, crewmember, or crewmember’s representative, including the heirs, administrators, executors, assignees, next of kin, and estate of the participant, participant or crewmember,
or any person who attempts to bring a claim on behalf of the participant or crewmember for a participant or crewmember injury, shall not be authorized to maintain an action against, or recover from, a space flight entity or a space flight manufacturer
for a participant or crewmember injury that resulted from the risks associated with space flight activities, except as provided in subdivision (c).
(c) Nothing in this section shall prevent or limit the liability of a space flight entity or a space flight manufacturer that does any of the following:
(1) Commits an act or omission that constitutes gross negligence or willful or wanton disregard for the safety of the participant, participant or crewmember,
and that act or omission proximately causes a participant or crewmember injury.
(2) Intentionally causes a participant injury.
(3) Has actual knowledge or reasonably should have known of a dangerous condition on the land or in the
facilities or equipment used in space flight activities and the dangerous condition proximately an extraordinarily dangerous condition that meets both of the following criteria:
(A) It is not inherent to space flight activities.
(B) It proximately
causes injury, damage, or death to the participant. participant or crewmember.
(d) Any limitation on legal liability afforded by this section to a space flight entity or space flight manufacturer is in addition to any other limitations of legal liability otherwise provided by law.
(e) A space flight manufacturer entity shall not be strictly liable for personal
injury or wrongful death resulting from space flight activities.
