NASA ought to pay up after space debris punched a hole in my roof, homeowner says
- Reference: 1719249367
- News link: https://www.theregister.co.uk/2024/06/24/nasa_ought_to_pay_up/
- Source link:
Alejandro Otero is understandably upset that the plummeting trash crashed into his family's house on March 8. According to his attorney Mica Nguyen Worthy, nobody was injured, and only Otero's son Daniel was home at the time.
The debris "left a sizable hole from the roof through the sub-flooring," the father's legal team [1]said at the end of last week.
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NASA [3]confirmed in April debris, part of a battery pack it had jettisoned from the International Space Station back in 2021, had hit a home in Naples, Florida. Otero's counsel told The Register it was undisputed that the equipment that landed on the Oteros' home was the kit dumped by NASA.
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The American agency said it would not be appropriate to comment on a pending lawsuit.
The Oteros are claiming the space debris really did a number on their home, and the family's legal team confirmed it is seeking at least $80,000 from NASA to cover repairs, business interruptions, emotional damage, and other costs. The home's insurer has also put in a claim.
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Worthy said: "If the incident had happened overseas, and someone in another country were damaged by the same space debris as in the Oteros' case, the US would have been absolutely liable to pay for those damages under the Convention on International Liability for Damage Caused by Space Objects also known as the 'Space Liability Convention.'
"We have asked NASA not to apply a different standard towards US citizens or residents, but instead to take care of the Oteros and make them whole.
"Here, the US government, through NASA, has an opportunity to set the standard or 'set a precedent' as to what responsible, safe, and sustainable space operations ought to look like. If NASA were to take the position that the Oteros' claims should be paid in full, it would send a strong signal to both other governments and private industries that such victims should be compensated regardless of fault."
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The law firm said it had been hired to help the Oteros "navigate the insurance and legal process and to make a formal claim against NASA." Specifically, a claim was filed under the Federal Tort Claims Act to which NASA has six months to respond.
[8]Japan's space junk cleaner hunts down major target
[9]Hubble will transition to single-gyro mode to gain a few more years of operational life
[10]FCC boss wants tighter rules to prevent devastating satellite explosions in orbit
[11]US Space Force says it needs more practice at responding to orbital emergencies
Even in the event that something is on a collision course with Earth, the atmosphere can just burn it up during re-entry. That's apparently what NASA thought was going to happen with this battery part.
To be clear, it's not the first time space debris has ever landed and caused harm to something or someone, but such incidents have so far been very rare.
If NASA does end up settling with the Oteros, it could establish precedence that government organizations have to be responsible for their space debris. Precedence for this might have already been established, at least partly, when the Federal Communications Commission [12]fined Dish for not moving one of its old satellites far enough from Earth, which the FCC said "could pose orbital debris concerns." ®
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[1] https://www.businesswire.com/news/home/20240621262500/en/Mica-Nguyen-Worthy-of-Cranfill-Sumner-LLP-Submits-First-of-its-Kind-Claim-to-NASA-Seeking-Recovery-From-Damages-Sustained-From-Space-Debris
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZnnsfIglpxlobQGzgPTFzwAAANc&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://blogs.nasa.gov/spacestation/2024/04/15/nasa-completes-analysis-of-recovered-space-object/
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZnnsfIglpxlobQGzgPTFzwAAANc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZnnsfIglpxlobQGzgPTFzwAAANc&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZnnsfIglpxlobQGzgPTFzwAAANc&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
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[8] https://www.theregister.com/2024/06/17/asia_tech_news_roundup/
[9] https://www.theregister.com/2024/06/05/hubble_to_transition_to_singlegyro/
[10] https://www.theregister.com/2024/05/30/fcc_chair_sat_debris_rules/
[11] https://www.theregister.com/2024/05/23/us_space_force_says_it/
[12] https://www.theregister.com/2023/10/03/dish_orbit_penalty/
[13] https://whitepapers.theregister.com/
FYI
From the legal team's statement:
"Additionally, the Oteros’ homeowner’s insurance carrier submitted a simultaneous claim for the damages to the property that it had subrogated."
C.
Re: FYI
Isn't that a double claim going on?
Re: Sounds fair
"Or of curiosity, are there insurance which cover this?"
Yes.
I just called my household insurance carrier. She tells me that they would immediately pay out for all repairs for the damage, and then THEY would look to recover their money from NASA (or whoever). In the case of non-man-made space debris, they would "act of god" it and fix whatever got broken. In either case, I would be allowed to retain the debris.
She further said that it sounds to her like somebody is looking for a book and/or movie deal in the "Much Ado About Nothing" genre. (That's the modern interpretation of the words, not Shakespeare's tounge-in-cheek version).
She also suggested that anybody reading this should check with their own carrier, and not take the word of some random guy on the Internet.
Re: Sounds fair
She lied, sorry. Insurance companies never pay out immediately and in fact very rarely pay out fully, if at all - they are perhaps the most scummy of all legal entities. Certainly easily the most scummy of those I've ever had to deal with...
Re: Sounds fair
Sounds like you need a new insurance company. I've never had any problems collecting on legit claims.
Yes.
...it could establish precedence that government organizations have to be responsible for their space debris.
Of course.
It's called the "polluter pays" principle.
You make a mess and you clean it up.
If it's good enough for individuals than surely it's good enough for governments however hard they twist and turn to try and wriggle out of their obligations.
They complain there's too much space junk in orbit.
They complain when it deorbits through their roof.
Simply impossible to please people today.
Exactly it's space junk coming to Earth that is the problem - Obviously we should launch more junk INTO space
It would be the decent thing to do for NASA to pay for repairs, and offer some small goodwill compensation. Whether $80k is sufficient, or reasonable, I don't know. In my experience, people - and their lawyers - tend to inflate claims, on the basis that they won't get it all, but, on the other hand, having a bloody big hole punched through your house is a fairly big thing.
If NASA fights and wins, they will look bad. If they fight and lose they will set a precedent that might cost them a lot more money one day. Surely, the best thing to do is settle - it's a trivial sum to NASA, they get to do -and be seen to be doing - the right thing, and they don't say any kind of bidding precedent. What's not to like?
>it's a trivial sum to NASA
But perhaps sets a precedent.
Is the US government responsible for anything that falls off a ship ? There is centuries of case law on flotsam, jetsam, lagan - does this apply to space "ships" ?
Does it apply to military kit? If a US shell casing or drop tank lands on you does that get you compensation, does you have to be a citizen / ally / not-a-target ?
Does it apply to pollution? Is NASA responsible for emissions from its rocket launches ? Are US merchant vessels responsible for CO2 emissions in the same way as they are for pollution ?
pay for repairs
I don't know about "emotional distress" and all that. But certainly NASA should pay for the repairs at least and any costs if they had to shack up in a hotel or something while the house is repaired. The insurance co is already pursuing this though from what I gather.
Sounds fair
Or of curiosity, are there insurance which cover this?