
A proposed compromise on New Mexico’s informed consent law provides limited liability protections to spacecraft manufacturers, suppliers and operators while adding an $1 million insurance coverage requirement and altering one of the three conditions under which injured parties can sue. Only spacecraft operators such as Virgin Galactic are covered under the current law.
One of the most significant changes in the proposed law involves the removal of gross negligence as one of the conditions that would void legal protections for manufacturers, suppliers and operators. The law currently states that a spacecraft operator would be liable if it
commits an act or omission that constitutes gross negligence or willful, wanton disregard for the safety of the participant and that act or omission proximately causes injury, damage or death to the participant. [Emphasis mine]



