A. Except as provided in subsection B of this section, a space flight entity shall not be held 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 and the Space Flight Liability and Immunity Act, and the participant has given informed consent that the participant is voluntarily participating in space flight activities after having been informed of the risks of those activities as required by federal law and the Space Flight Liability and Immunity Act. Except as provided in subsection B of this section, no:
1. Participant;
2. Participant's representative, including the heirs, administrators, executors, assignees, next of kin, and estate of the participant; or
3. 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 results from the risks of space flight activities.
B. Nothing in subsection A of this section shall prevent or limit the liability of a space flight entity if the space flight entity:
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.
Added by Laws 2013, c. 177, § 2, eff. Nov. 1, 2013.
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