§ 100A.002.Limited Liability

Two distinct protections, and the first is unconditional.

Subsection (a): a space flight entity is not liable to any person for damages resulting from nuisance arising from testing, launching, reentering, or landing, or subject to any claim for nuisance arising from those activities.

No signature, no notice, no condition. The nuisance protection runs against the whole world — a neighbouring landowner has no claim for the noise, vibration, or disruption a launch produces.

Subsection (b) is the participant protection, and it is conditional. The entity is not liable for a participant injury if the participant has signed the agreement required by the warning section and given written consent as required by 51 U.S.C. Section 50905 — the federal informed consent provision for commercial human space flight.

Both signatures are required, state and federal, and the exceptions are narrow: gross negligence evidencing wilful or wanton disregard for the safety of the participant, and intentionally caused injury.

Subsection (c) precludes injunctive relief with respect to space flight activities entirely. Read with the nuisance protection, a neighbour can neither recover damages nor stop the activity.

Subsection (d) preserves two things: liability for breach of a contract for use of real property, and an action by a federal or state governmental entity to enforce a valid statute or regulation.