That would depend on the jurisdiction and there is no jurisdiction in space. OTOH that's probbly true anywhere within the US so the plaintiffs might be able to make a case.
Nations are responsible for damage caused by their space objects and must avoid contaminating space and celestial bodies.https://www.spacefoundation.org/space_brief/international-space-law/International Space LawThere are five international treaties underpinning space law, overseen by the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS).
The Outer Space Treaty
“Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies”
The treaty is the foundation of international space law for signatory nations (108 in 2019). The treaty presents principles for space exploration and operation:
Space activities are for the benefit of all nations, and any country is free to explore orbit and beyond.
There is no claim for sovereignty in space; no nation can “own” space, the Moon or any other body.
Weapons of mass destruction are forbidden in orbit and beyond, and the Moon, the planets, and other celestial bodies can only be used for peaceful purposes.
Any astronaut from any nation is an “envoy of mankind,” and signatory states must provide all possible help to astronauts when needed, including emergency landing in a foreign country or at sea.
Signatory states are each responsible for their space activities, including private commercial endeavors, and must provide authorization and continuing supervision.
Nations are responsible for damage caused by their space objects and must avoid contaminating space and celestial bodies.