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Third party liability

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assurance espace

Space objects

 

The third-party liability exposure of the various players involved in space operations, and in particular governments, is regulated by international law, namely the following:

 

Currently, a distinction is made between two types of liability: the third-party liability for space objects and and third-party product liability..

Insurance covering the third-party liability for space objects is taken out by:

  • Launch agencies, to cover their liabilities for losses or damages sustained by third parties during launches and the first operations in orbit, even if the cause of the damage is the satellite itself and not the launch vehicle or the launch services provider.
  • The operators or owners of satellites, to cover their liability arising from damage to third parties after the launching agency's liability ends (after a maximum of one year).

Insurance covering third-party liability for space objects is placed in the aviation market, whose fluctuations they follow, which are different from those of the space market.


  • Risk of falling space objects and risk of collision

    The risk of loss or damage following a successful launch is relatively small, especially for geostationary satellites, which remain in orbit for several thousand years. Satellites placed in low earth orbit paths are designed to decay when they re-enter the earth's atmosphere, in response to very strong mechanical and thermal constraints.

    If the risk of damage on impact with the ground is very low, satellites placed in lower orbit paths are exposed to other greater risks, particularly the risk of collision in orbit with another satellite. In this case, it is difficult to determine the origin of space debris and hence to prove that satellite owners are responsible for such collisions.

    As regards the more complex issue of contractual or product liability, the joint liability between the various parties in the space industry that is dealt with under the waiver of recourse agreements, whereby each party waives the right to a claim against the others—are beginning to be called into question. This shared liability scheme "flows down" to sub-contractors and clients in the space industry. In the short term, it is possible to see the equipment manufacturer held liable for a defect or failure to meet contractually binding performance standards.


  • Space Product liability

    Space product liability policies cover the liability of manufacturers and sub-contractors that participate in the manufacturing of launch vehicles and satellites, when the identified cause of external physical damage and/or bodily injury is a product defect.
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