Space Tourists, Independent Actions and Loss of Consortium
- Paper number
IAC-10,E7,1,15,x6786
- Author
Ms. Zeldine Niamh O'Brien, Trinity College, Ireland
- Year
2010
- Abstract
With the emergence of space tourism, both the law and the industry have made efforts to address the issue of liability arising as and between space tourists and their carriers. To this end, the Virginian Spaceflight Liability and Immunity Act, the Floridian Informed Consent for Spaceflight Act and the proposed New Mexican Spaceflight Liabilities and Immunity Act all aim to contain and restrict liability through the inclusion of informed consent clauses and tort waivers. However, even in such cases, only causes of action that arise and/or derive from the contract or an alleged tort between the space tourist and the spaceflight operator are excluded. Independent causes of actions are not excluded where they otherwise arise. A prime example of such an independent cause that is not excluded by a waiver between the spaceflight operator and spaceflight participant is loss of consortium. The cause of action accrues due to the loss of the "immunerable advantages, pleasures and consolations of married life" ({\it O'Haran v Divine}[1969] IR 188). Of course, not all states recognise loss of consortium as an independent action. Other related examples include the loss of services of a child, which, depending on the jurisdiction, is not limited to the period of minority. This paper will examine briefly the coverage of the waivers adopted into state laws and the scope of their application. It will analyse the potential liability that may arise as a result of such claims and the states in which such claims may arise. Finally, it will examine the effect this could have on the space tourism industry and possible means of addressing those effects.- Abstract document
- Manuscript document
(absent)