What This Statute Says
Commercial space flight is a growing industry, and Arizona has positioned itself to host parts of that industry. This section gives space flight operators clear authority to use enforceable liability releases.
A space flight entity may enter into a liability release agreement with a space flight participant or crew to limit the entity's civil liability for a space flight participant's or crew's injury that arises out of space flight activities. The liability release agreement is valid and enforceable.
A.R.S. § 12-558(A) – (B)Who and What the Statute Covers
"Space flight entity" is any operator that has obtained the appropriate FAA license or authorization. "Space flight activities" reach the entire arc of the flight, including:
- Research, development, testing, and manufacturing of launch and reentry vehicles.
- Preparation, launch, the flight itself, reentry, descent, landing, and postlanding recovery.
- Training related to any of the above.
"Crew" includes the entity's employees, contractors, licensees, and agents who perform space flight activities.
What This Means for Arizona Families
This statute is narrow today and applies to a small group of people, but estate planning for clients who participate in commercial space flight needs to take it into account. A signed release will likely preclude most civil recovery if a participant is injured or killed during space flight activities, leaving compensatory recoveries unavailable to the estate.
If you or a family member is preparing for commercial space flight, an Arizona estate planning attorney can help align the will, the revocable living trust, life insurance, and beneficiary designations to provide financial protection that does not rely on a future tort claim. Our FAQ on updating an estate plan before a major trip covers a similar planning rhythm.