Attorney Mica Nguyen Worthy is suing NASA on behalf of Florida homeowner Alejandro Otero and his family to recover damages after space debris struck their family home in early March, according to law firm Cranfill Sumner where Worthy is a partner.
On March 8, a piece of space debris crashed into the roof of Otero’s home while his son Daniel was in the room. The debris left a large hole in the roof through the floor.
NASA later confirmed that the space debris was from its flight support equipment, which was used to mount batteries on the cargo pallet.
In March 2021, NASA’s ground force used the International Space Station’s robotic arm to launch a cargo pallet containing batteries from the space station after installing new batteries as part of an upgrade to the orbital outpost.
NASA stated that although the hardware was expected to burn up during its re-entry into Earth’s atmosphere on March 8, part of the hardware survived re-entry and hit the Florida home.
In discussing the cause of the debris, NASA added, “Based on examination, the agency determined that the debris was a pole from NASA’s flight support equipment used to mount batteries on the cargo pallet. The object is made of Inconel metal alloy, weighs 1.6 pounds, is 4 inches high and 1.6 inches in diameter.”
The space agency said they will continue to investigate why the device didn’t burn up during entry and will update their systems so it doesn’t happen again.
The Otero family is seeking damages
Members of the Otero family are seeking claims for uninsured property damage loss, business interruption damages, emotional/mental anguish damages and the costs of third-party assistance sought in the lawsuit.
Additionally, Otero’s homeowner’s insurance company filed a concurrent claim for damages to the property it replaced.
“Space debris is a real and serious issue due to the increase in space traffic in recent years,” Worthy emphasized.
“My clients are seeking adequate compensation to account for the stress and impact of this event on their lives. They are thankful that no one was physically injured in this incident, but a ‘near miss’ situation like this could have been catastrophic. If the debris had hit a few meters in a different direction, there could have been serious injuries or fatalities,” Worthy added.
Worthy is a partner in the Charlotte, North Carolina office of Cranfill Sumner LLP and chair of the firm’s Aviation and Aerospace Practice Group.
Worthy also pointed out to NASA that it should consider that US citizens should not need to make a claim under a legal theory of negligence when the US government has pledged to be “absolutely liable” under international treaty law for injury to persons or property on the surface of the Earth caused. from its space facilities.
“If the incident had occurred overseas, and someone in another country had been harmed by the same space debris as in the Otero case, the US would have been absolutely liable to pay for those damages under the Convention on International Liability for Damage caused by Space. The facilities are also known as the ‘Space Responsibility Convention’, Worthy noted.
“We have asked NASA not to apply a different standard to US citizens or residents, but instead to take care of the Oteros and make them whole,” she said.
“Here, the US government, through NASA, has an opportunity to set the standard or ‘set a precedent’ for what responsible, safe and sustainable space operations should look like. If NASA were to take the position that Otero’s claims should be paid in full, it would signal to other governments and private industries that such victims should be compensated regardless of fault,” Worthy concluded.
NASA will have six months to respond to the allegations.