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I dunno, if a car kicks up a rock from the road and smashes a windscreen, that’s considered no one’s fault. Even though the car in front kicked it up.
In this case, NASA have assumed that things would burn up in re-entry, based on past experience and modelling. For some reason that didn’t happen here. However, that might not be enough to prove liability - if NASA is considered to already make reasonable efforts to prevent this.
Ejaculation is supposed to refer to written statements, though. As in, Watson ejaculated over Sherlock Holmes. (He literally did, the word is used all over the books).