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June 24, 2024, 4:29 am UTC    
April 03, 2024 06:37PM
Jammer asked:

"IF such a piece should hit private property, a house, car, person; who is liable?
The country that launched? The country it fell on? Your personal homeowners insurance?"

I found this:

If a satellite falls on your house, space law protects you
– but there are no legal penalties for leaving junk in orbit
The conversation, May 17, 2021
[theconversation.com]

Cohen, A.F., 1984. Cosmos 954 and the international law
of satellite accidents. Yale Journal of Internationall Law., 10, p.78.
[openyls.law.yale.edu]

This is the main clause from "2777 (XXVI). Convention on International
Liability for Damage Caused by Space Objects at:
[www.unoosa.org].

"Article V

1. Whenever two or more States jointly launch a space object, they shall
be jointly and severally liable for any damage caused.

2. A launching State which has paid compensation for damage shall have
the right to present a claim for indemnification to other participants in the
joint launching. The participants in a joint launching may conclude
agreements regarding the apportioning among themselves of the financial
obligation in respect of which they are jointly and severally liable. Such
agreements shall be without prejudice to the right of a State sustaining
damage to seek the entire compensation due under this Convention
from any or all of the launching States which are jointly and severally liable.

3. A State from whose territory or facility a space object is launched shall
be regarded as a participant in a joint launching."

It sounds like as far as functional laws specifically detailing how to determine
who is exactly responsible; what court to sue them in; and how go about suing
them, they do not seem to exist. You seem to be correct about there being
no specific existing legal framework (laws) regarding how an individual can
recover damages caused by falling space debris.

Below is a practising lawyer's point of view.

Can a Rocket Launch or Space Junk Injure a Person on Earth?
t’s unlikely but possible, so you should know what your odds
are of being successful in a lawsuit if you’re injured.
[www.enjuris.com]

The article concludes: "Who’s at fault if a random piece of space
debris falls on your head? It would be hard to determine liability,
and here’s why."

Yours,

Paul H.

"The past is never dead. It's not even past."
William Faulkner, Act 1, Scene III, Requiem for a Nun (1951)



Edited 3 time(s). Last edit at 04/03/2024 06:54PM by Paul H..
Subject Author Posted

Chinese space junk falls to Earth over Southern California (photos, video)

Paul H. April 02, 2024 09:15PM

Re: Chinese space junk falls to Earth over Southern California (photos, video)

Jammer April 03, 2024 08:51AM

Re: Chinese space junk falls to Earth over Southern California (photos, video)

Paul H. April 03, 2024 06:37PM

Re: Chinese space junk falls to Earth over Southern California (photos, video)

Jammer April 04, 2024 10:11AM

Re: Chinese space junk falls to Earth over Southern California (photos, video)

Jammer April 04, 2024 12:01PM



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