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The crash of the Virgin Galactic SpaceShipTwo, known as VSS Enterprise, on October 31, 2014, marked a significant setback in the emerging commercial space industry. The spacecraft broke apart mid-flight during a test run, leading to the death of co-pilot Michael Alsbury and severe injuries to pilot Peter Siebold. The accident occurred over the Mojave Desert in California and triggered investigat by Staff Writers for Launch Space
Bethesda, MD (SPX) Sep 01, 2024
The crash of the Virgin Galactic SpaceShipTwo, known as VSS Enterprise, on October 31, 2014, marked a significant setback in the emerging commercial space industry. The spacecraft broke apart mid-flight during a test run, leading to the death of co-pilot Michael Alsbury and severe injuries to pilot Peter Siebold. The accident occurred over the Mojave Desert in California and triggered investigations, litigation, and discussions about safety and liability in the commercial space industry.
The National Transportation Safety Board (NTSB) investigation determined that the crash was caused by premature deployment of the "feathering" system, a braking mechanism designed to slow the spacecraft during descent. The co-pilot unlocked the system too early, causing aerodynamic forces to tear the vehicle apart.
The NTSB also pointed to inadequate design safeguards against human error as a contributing factor. The investigation also revealed gaps in Virgin Galactic's safety management, including insufficient pilot training and a lack of robust safety protocols to prevent premature deployment of the feathering mechanism. The NTSB criticized the company for not considering the possibility of such an error and for not implementing safeguards to mitigate the risk.
The crash raised significant questions about liability and regulation in the commercial space industry. Under current regulations at the time, commercial spaceflight participants, including pilots and passengers, had limited legal recourse due to the informed consent requirements. The crew was required to acknowledge the risks involved, which complicates litigation efforts.
Thus, the family of Michael Alsbury, the deceased co-pilot, faced limitations in pursuing wrongful death claims due to the informed consent laws governing commercial spaceflight. Furthermore, the pilot, Peter Siebold, who survived with serious injuries, did not pursue litigation publicly, likely due to similar legal constraints and possible settlements.
Scaled Composites, the manufacturer of SpaceShipTwo, was also scrutinized for potential product liability. However, due to the unique nature of the commercial space industry and the informed consent laws, the legal path for holding contractors accountable was unclear. As a result, no significant public lawsuits were filed against the contractors.
The Federal Aviation Administration (FAA), which oversees commercial spaceflight in the U.S., reviewed its oversight policies. The crash spurred discussions on whether regulations needed to be more stringent regarding pilot training, safety protocols, and design standards. However, the commercial space industry remains largely governed by "informed consent" provisions that place the risk primarily on participants.
Although no extensive public litigation occurred, it is likely that confidential settlements were reached between Virgin Galactic, the families, and the injured pilot. Such settlements are common in high-profile accidents where legal battles could harm reputations and prolong financial liabilities.
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