As a physics professor once said, "Your thesis is not even wrong" - it's nonsense. Sorry, but you need to do some research. Because of the egregious nature of the present tort system, the liability is essentially unlimited, and would require insurance premiums many times larger than the total cost of the product.
Under present NM law, if a rocket causes a sonic boom then everyone in the state could sue Virgin, the Spaceport and every business that provides parts or fuel or services to them - whether they heard the boom or not! Settling at, say $100,000 per person times the 2 million people in NM is $200 billion - well outside the range of insurable amounts. Another example - "the exhaust of these infernal rockets caused my asthma to act up" - even though I live 200 miles away and upwind.
The above is not a joke - similarly ridiculous suits have been successful, and in fact such suits destroyed the US general aviation industry, where insurance premiums exceeded actual manufacturing costs, and were anticipated to exceed the actual sale price of parts. A similar legislative fix finally saved a small portion of the GA industry, after 90% of the makers had gone out of business or left the industry.
The whole rise of 'kit' airplanes was a response - if an airplane was over 50% manufactured by the hobbyist, all the liability rested with him/her. This meant that a kit manufacturer was mostly home free on liability, and the cost of the plane would be between 1/4 and 1/2 what a manufactured plane would cost.
(Recognize that at present, between up to 2/3 of your total medical bills are purely going to liability insurance, and that is a very predictable product liability-wise. A heart surgeon pays between 1/3 and 1/2 their gross income as insurance. Then there is the built-in cost of insurance on every facility, every part, every sterile package, etc.)
At present, my understanding is that every state with any significant space-related industry has some form of limitation on liability to force some sense into the system and prevent novel new interpretations of the law from biting the industry. If NM wants to become a space-related state, it will have to do the same.
Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/VWLXmsTa4h4/story01.htm
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