A Florida homeowner is suing NASA for damages caused by a piece of space debris that crashed into his home. The lawsuit filed by Alejandro Otero is the first of its kind and sets an important precedent for the growing problem of space debris.

On March 8, part of the ISS battery crashed into Otero’s home in Naples, Florida. Otero’s son Daniel, who was at home, escaped unhurt. NASA confirmed that the 1.6-pound (0.73 kilogram) object was part of a battery that was ejected from the station in 2021.

Otero family attorney Mica Nguyen Worthy filed a lawsuit seeking more than $80,000 in damages for property damage, restoration costs, stress and the cost of hiring outside experts.

“Our goal is to compensate for damages and set an example for future victims. “This case will form the basis for evaluating similar claims in the future,” said Worthy. According to him, Alejandro Otero initiated legal proceedings because he believed that obtaining compensation should be a simpler process.

NASA has not yet commented on the lawsuit, but Worthy said constructive discussions with agency officials are ongoing. He expressed hope that the dispute would be resolved without further court proceedings.

Otero’s case underscores growing concern that space debris poses a threat to people and infrastructure on Earth. As the number of objects in orbit increases, the possibility of an uncontrolled return to Earth also increases.

NASA’s response to this case will create an important legal framework for determining liability for damage caused by space debris. It could also impact future mitigation and environmental cleanup efforts in Earth orbit.

Otero’s situation is complicated by the fact that the space debris is part of a joint project of many countries. The Outer Space Liability Convention, which normally applies in cases of damage caused by space debris, does not apply to the ISS. According to the convention, the state that launches the object into space bears absolute responsibility for any damage that occurs on Earth or in its airspace. However, in this case, the ISS wreckage does not belong to any country.

NASA, as the US partner on the ISS, will have to negotiate compensation. However, this case falls outside the scope of the Outer Space Liability Convention, and there is currently no mechanism that allows American citizens to seek compensation from the US government for damages caused by space debris.

Therefore, the lawsuit filed by the Otero family will be the first of its kind under the Federal Torts Act. This law allows you to sue the US government for negligence. In this case, it is assumed that NASA “miscalculated” by not calculating that the amount of debris it would leave behind would be enough to damage property on Earth.

NASA has several options to respond to the lawsuit. The agency can compensate the Otero family up to $25,000 per count or offer full compensation with the approval of the U.S. Attorney General. He could also dismiss the case or offer an unacceptable settlement that would allow the Otero family to file a federal lawsuit.

Worthy noted that currently, victims of international space debris can go to civil courts if the debris belongs to a private company. But there was no such option in the Otero family. He called on NASA to work with the US Congress to create a simpler mechanism to receive compensation for American citizens affected by NASA debris.

Worthy also emphasized that NASA’s actions in this situation will serve as a strong signal to the entire space industry: “If the agency is serious about its international obligations, it must fully compensate for the damages caused by the Otero family.”

NASA’s response to this lawsuit, and the potential establishment of an orderly compensation process, will be critical to ensuring that people and property are protected from the increasing threat of space debris.