Families of Titan Submersible Victims Could Still Sue Despite Disclaimers

Legal experts argue that liability waivers signed by the passengers of the Titan submersible, which did not return to the surface and its crew members were pronounced dead, may not be enough protection for the vessel’s owner from possible lawsuits by the families of the submersibles. victims.

The Titan submersible disappeared about two hours after its dive on Sunday and was found in pieces on the ocean floor after what the US Coast Guard said Thursday was a “catastrophic implosion” of the submersible.

The passengers, who paid up to $250,000 each for the trip 12,500 feet (3,810 meters) below the surface, are believed to have signed liability waivers. a reporter from CBS who made the trip with OceanGate Expeditions in July 2022 reported that the document he signed mentioned the possibility of death three times, on the first page alone.

Reuters could not independently confirm the terms of OceanGate’s waivers. OceanGate did not immediately respond to requests for comment on Thursday.

Waivers are not always strict, and it is not uncommon for judges to throw them out if there is evidence of gross negligence or dangers that were not fully disclosed.

“If there were aspects of the design or construction of this vessel that were concealed from the passengers or if it was knowingly operated despite information that it was not suitable for this dive, that would absolutely go against the validity of the exemption.” said Texas-based attorney and maritime law expert Matthew D. Shaffer.

OceanGate could argue that it was not grossly negligent and that the exemptions apply because they fully described the dangers inherent in plumbing the ocean depths in a minivan-sized submersible.

The degree of any possible negligence and how it might affect the applicability of the exemptions will depend on the causes of the disaster, which are still under investigation.

“There are so many different examples of what families may still have claims despite the exemptions, but until we know the cause, we can’t determine if the exemptions apply,” said California personal injury attorney Joseph Low.

The families could not be contacted Thursday. It is possible that none of them sue.

OceanGate is a small company based in Everett, Washington, and it’s unclear if it has the assets to pay significant damages, should any be awarded, but families could collect from the company’s insurance policy, if it has one. .

The families could also seek damages from third parties who designed, helped build or manufactured components for the Titan if they were found to be negligent and caused the implosion.

‘Death at sea’

OceanGate could seek to protect itself from damages by filing a limitation of liability action under maritime law, which allows owners of vessels involved in an accident to petition a federal court to limit damages to the current value of the vessel.

But OceanGate would have to prove it had no knowledge of the submersible’s potential flaws and would have the burden of proof, which legal experts say is a difficult burden to meet.

If OceanGate were to fail in such a case, the families would be free to file negligence or wrongful death lawsuits.

Another maritime law, the Death at Sea Act, allows individuals who were financially dependent on someone who was killed in a naval accident to seek only that portion of that person’s future earnings that they would otherwise have received. Plaintiffs cannot recover pain and suffering losses in those cases.

What OceanGate knew about the safety of the vessel and what the passengers were told would be the central questions during discovery, a process during which parties share information about a case.

The plaintiffs could cite allegations of security lapses at OceanGate made by a former employee in a 2018 lawsuit against the company in federal court in Washington. The employee, David Lochridge, said he raised “serious safety concerns” but was ignored. That case was settled on undisclosed terms, court records show.

A group of industry leaders also wrote to OceanGate in 2018 expressing serious concerns about the safety of the vessel and the company’s decision not to certify the Titan through third parties such as the US Bureau of Shipping, a leading classifier of submersibles.

Connect with the Voice of America! Subscribe to our channel Youtube and activate notifications, or follow us on social networks: Facebook, Twitter and instagram.