Current:Home > InvestTitan sub passengers signed waivers covering death. Could their families still sue OceanGate?-Angel Dreamer Wealth Society D1 Reviews & Insights
Titan sub passengers signed waivers covering death. Could their families still sue OceanGate?
View Date:2024-12-23 20:06:32
As the operator of a tourist submersible designed to dive 4,000 meters below the sea's surface, OceanGate asked its customers to sign liability waivers before stepping inside the 21-foot vessel — paperwork that outlined their risks in stark terms, including the possibility of death, emotional trauma or physical injury.
That waiver could play a critical role in whether the families of the passengers who died last week on an expedition to explore the wreckage of the Titanic have legal grounds to sue OceanGate, according to legal experts.
The company's liability waiver was highlighted by CBS News correspondent David Pogue, who traveled on the sub last year and who noted that the document alludes to the risk of death at least three times as well as to other dangers. The waiver also described the vessel itself, which highlights some of the issues with the sub that experts had warned about in the years prior to its doomed voyage.
"This operation will be conducted inside an experimental submersible vessel that has not been approved or certified by any regulatory body, and may be constructed of materials that have not been widely used in human-occupied submersibles," the waiver stated.
Passengers also waived the right to take action for "personal injury, property damage or any other loss" that they experienced on the trip, according to The Associated Press.
Such waivers are common for recreational activities that carry risks, such as scuba diving or sky diving. Generally, these legal documents shield the company's owner of liability if their customers accept the risks and dangers related to the activity and are subsequently injured.
The families and representatives of two of the passengers on the Titan — British businessman Hamish Harding and French explorer Paul-Henri Nargeolet — didn't immediately return requests for comment. OceanGate's CEO, Stockton Rush, was also on the vessel. The company declined to comment.
The family of Pakistani businessman Shahzada Dawood and his teenage son Suleman, both of whom were passengers on the Titan, responded by noting they are "profoundly grateful to those from all over the world who have stood by us during our time of need, and would especially like to thank each and everyone who was directly involved in the extraordinary rescue efforts last week."
International waters
Complicating the question of liability is that the incident occurred in international waters, noted Craig Goldenfarb, founder of law firm Goldlaw and an attorney who practices maritime and admiralty law. As a result, a section of OceanGate's waiver known as the "choice of law" provision becomes especially important, he noted.
"The choice of law provision gives jurisdiction to a country in case any litigation ensues from the contract," Goldenfarb said.
The waiver reviewed by the AP found that any disputes would be governed by the laws of the Bahamas, where OceanGate is registered. The Bahamas, whose legal system is based on English Common Law, is considered a business-friendly jurisdiction, but whether the families have grounds to sue may depend on its laws governing liability waivers.
It's important to note that waivers in general aren't ironclad, Goldenfarb noted. For instance, if the waiver is signed by someone who can't understand the waiver due to a disability or other issue, such as a language gap, and then who is injured, their families may be able to sue because the victim wasn't properly informed of the risk.
Waivers can also be rejected by judges if there is evidence of gross negligence, attorneys noted.
"You can waive liability standard for negligence but not gross negligence," said Patrick Luff, founding partner of Luff Law Firm and a former law school professor. "Gross negligence will vary, but it's generally something like, 'acting despite your knowledge of extreme risk'."
"Experimental submersible"
The OceanGate waiver's terms that outlined the risks of diving in the sub showed that the passengers had been informed, meaning that their families wouldn't be able to sue simply because the vessel was an "experimental submersible" or hadn't been certified by an industry group, some legal experts said.
"If that information had been hidden, then of course that would be actionable," noted John Uustal, founding partner of Kelley | Uustal Trial Attorneys, in an email to CBS MoneyWatch. "It seems to me this kind of verification of informed consent is entirely appropriate, and in general they are legally valid."
The section of the legal document that waived the passengers' right to take action for injury or loss could also "insulate the company from any responsibility for its own misconduct, even when egregious," Uustal noted.
Even so, Uustal said he would advise the passengers' families to closely review the waiver for issues that weren't covered or disclosed.
"I would suggest looking closely at the exact language of any release terms and see if there is any misconduct that was not covered," he said. "That may provide grounds for a lawsuit, if indeed there was such misconduct."
But as the investigation into the Titan's failure emerges, with a deep-sea robot searching this weekend for debris from the sub, additional legal issues could come to light as more is learned about how and why the vessel imploded, Goldenfarb said.
"If one of the component parts failed, then you would be suing the manufacturer of a component part instead of suing OceanGate," Goldenfarb said. "There may be areas of liability that nobody is aware of yet."
—With reporting by Irina Ivanova and The Associated Press.
- In:
- RMS Titanic
- Submarine
- Submersible
veryGood! (335)
Related
- Groups seek a new hearing on a Mississippi mail-in ballot lawsuit
- Costco is seeing a gold rush. What’s behind the demand for its 1-ounce gold bars?
- The flight attendants of CHAOS
- Kaiser Permanente workers launch historic strike over staffing and pay
- Democrat Cleo Fields wins re-drawn Louisiana congressional district, flipping red seat blue
- Bodies of mother bear and her 2 cubs found dumped on state land leads to arrest
- Attack ads and millions of dollars flow into race for Pennsylvania Supreme Court seat
- Lindsie Chrisley Shares Why She Hasn’t Reached Out to Sister Savannah Over Death of Nic Kerdiles
- Who's hosting 'SNL' tonight? Musical guest, start time, where to watch Nov. 9 episode
- Parents of US swimming champ suggest foul play in her death
Ranking
- The Best Gifts for Men – That He Won’t Want to Return
- New York to allow ‘X’ gender option for public assistance applicants
- Gunman who shot and wounded 10 riders on New York City subway to be sentenced
- Flash floods kill at least 14 in northeastern India and leave more than 100 missing
- The 15 quickest pickup trucks MotorTrend has ever tested
- Vice President Harris among scheduled speakers at memorial for Dianne Feinstein in San Francisco
- New York City moves to suspend ‘right to shelter’ as migrant influx continues
- Georgia election case defendant wants charges dropped due to alleged paperwork error
Recommendation
-
Ariana Grande Shares Dad's Emotional Reaction to Using His Last Name in Wicked Credits
-
Grimes files petition against Elon Musk to 'establish parental relationship' of their kids
-
Tunisia rejects European funds and says they fall short of a deal for migration and financial aid
-
Shooting at mall in Thailand's capital Bangkok leaves at least 2 dead, 14-year-old suspect held
-
‘I got my life back.’ Veterans with PTSD making progress thanks to service dog program
-
Mississippi sees spike in child care enrollment after abortion ban and child support policy change
-
Vice President Harris among scheduled speakers at memorial for Dianne Feinstein in San Francisco
-
Fatal shooting by police draws protests and raises questions in north Alabama