§ 8.01-227.10.Warning required.

Chapter 3. Actions · Article 24. Space Flight Liability and Immunity Act · Last amended 2007 · Last verified July 16, 2026

In one sentenceSection 8.01-227.10 requires every space flight entity to have each participant sign a specific warning and acknowledgment statement about spaceflight’s risks and Virginia’s immunity law, and takes away the entity’s immunity if it fails to comply.

Full Text of § 8.01-227.10

Text sizeJump to: (A) (B) (C)

A. Every space flight entity providing space flight activities to a participant shall have each participant sign the warning statement specified in subsection B.

B. The warning statement described in subsection A shall contain, at a minimum and in addition to any language required by federal law, the following statement:

"WARNING AND ACKNOWLEDGEMENT: I understand and acknowledge that, under Virginia law, there is no civil liability for bodily injury, including death, emotional injury, or property damage sustained by a participant in space flight activities provided by a space flight entity if such injury or damage results from the risks of the space flight activity. I have given my informed consent to participate in space flight activities after receiving a description of the risks of space flight activities as required by federal law pursuant to 49 U.S.C. § 70105 and 14 C.F.R. § 460.45. The consent that I have given acknowledges that the risks of space flight activities include, but are not limited to, risks of bodily injury, including death, emotional injury, and property damage. I understand and acknowledge that I am participating in space flight activities at my own risk. I have been given the opportunity to consult with an attorney before signing this statement."

C. Failure to comply with the requirements concerning the warning statement provided in this section shall prevent a space flight entity from invoking the privileges of immunity provided by this article.

End

Plain-English Summary

Subsections A and B require every space flight entity to have each participant sign a warning statement before flying. The statute sets a minimum content for that statement, in addition to whatever federal law separately requires: it tells the participant that Virginia law provides no civil liability for bodily injury, death, emotional injury, or property damage caused by the inherent risks of space flight activities; that the participant has given informed consent after receiving the federally required risk disclosures; and that the participant had the opportunity to consult an attorney before signing.

Subsection C attaches real weight to that paperwork. Failing to comply with the warning-statement requirements prevents the entity from invoking the immunity that § 8.01-227.9 otherwise provides. Getting the signed acknowledgment is a precondition to the liability shield, not a formality on top of it.

Frequently Asked Questions

What must a space flight entity have a participant do before flight?

Sign the warning statement described in § 8.01-227.10(B), which must appear in addition to whatever federal law separately requires.

What does the required warning statement say?

Among other things, that Virginia law provides no civil liability for the listed injuries resulting from the inherent risks of space flight activities, that the participant gave informed consent after the required federal risk disclosures, and that the participant had the chance to consult an attorney before signing.

What happens if the entity does not obtain a signed warning statement?

It loses the ability to invoke the immunity granted under Article 24 for that participant.

Can the warning statement be shorter than what the statute requires?

No. The statutory language is a minimum; an entity may add further warnings but must include everything the statute requires, along with anything federal law separately requires.

Is the warning statement a separate contract in which the participant waives rights?

No. It is a required acknowledgment of Virginia’s statutory immunity and of the participant’s informed consent, not an independent liability waiver.

Amendment History

2007, c. 893.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

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