§ 8.01-227.9.Civil immunity for space flight entities.
Chapter 3. Actions · Article 24. Space Flight Liability and Immunity Act · Last amended 2007 · Last verified July 16, 2026
In one sentenceSection 8.01-227.9 shields a space flight entity from liability for a participant’s injury caused by the inherent risks of space flight, provided the participant was informed of those risks and gave informed consent, unless the entity acted with gross negligence or intent to injure.
A.Except as provided in subsection B, a space flight entity is not liable for a participant injury resulting from the risks of space flight activities, provided that the participant has been informed of the risks of space flight activities as required by federal law pursuant to federal law and this article, and the participant has given his informed consent that he is voluntarily participating in space flight activities after having been informed of the risks of those activities
as required by federal law and this article. 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 person who attempts to bring a claim on behalf of the participant for a participant injury, is authorized to maintain an action against or recover from a space flight entity for a participant injury that resulted from the risks of space flight activities.
B.Nothing in subsection A shall prevent or limit the liability of a space flight entity if the space flight entity does either of the following:
1.Commits an act or omission that constitutes gross negligence evidencing willful or wanton disregard for the safety of the participant, and that act or 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 space flight entity is in addition to any other limitations of legal liability otherwise provided by law.
Plain-English Summary
Subsection A grants the core immunity: a space flight entity is not liable for a participant injury resulting from the risks of space flight activities, so long as the participant was informed of those risks as federal law and this article require, and gave informed, voluntary consent to take part. The bar reaches beyond the participant — no representative, including heirs, administrators, executors, assignees, next of kin, or the participant’s estate, and no one else attempting to bring a claim on the participant’s behalf, may maintain an action or recover for that injury.
Subsection B preserves liability in two situations: when the entity commits an act or omission amounting to gross negligence that shows willful or wanton disregard for the participant’s safety and proximately causes the injury, or when the entity intentionally causes the injury. Ordinary negligence by the entity is immune; reckless disregard or deliberate harm is not.
Subsection C makes clear that this immunity supplements rather than replaces whatever other legal limitations on liability a space flight entity might already have available.
Frequently Asked Questions
Can a participant sue a space flight company for an injury caused by the ordinary risks of spaceflight?
Generally no. Section 8.01-227.9 makes a space flight entity immune from liability for a participant injury caused by the risks of space flight activities, provided informed consent was given.
What has to happen before this immunity applies?
The participant must have been informed of the risks of space flight activities as federal law and this article require, and must have given informed, voluntary consent to participate.
When does the immunity not apply?
When the space flight entity commits gross negligence evidencing willful or wanton disregard for the participant’s safety that proximately causes the injury, or when it intentionally causes the injury.
Who besides the participant is barred from suing?
The participant’s representatives — heirs, administrators, executors, assignees, next of kin, and the participant’s estate — along with anyone else attempting to bring a claim on the participant’s behalf.
Does this immunity replace other legal defenses available to a space flight entity?
No. Subsection C states that the limitation on liability is in addition to any other limitation of legal liability otherwise provided by law.
Amendment History
2007, c. 893.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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