Lawsuits against OceanGate over the Titan submersible implosion may have a key obstacle, legal experts told Newsweek.
The Titan submersible went missing on June 18, 2023, during an expedition to explore the wreckage of the Titanic, about 13,000 feet at the bottom of the Atlantic Ocean. The missing vessel drew international attention as countries dedicated significant resources to recovering the vessel in an attempt to save its five passengers. On June 22, however, it was confirmed that the vessel imploded, killing all of the passengers.
One year later, there have been no public reports about lawsuits against OceanGate over the implosion. However, Kenneth Abraham, the Harrison Distinguished Professor of Law at the University of Virginia School of Law, told Newsweek this does not necessarily mean there is no litigation in process.
“Potential plaintiffs usually have more than one year to file suit, so suits might still be brought. Also, there may have been out-of-court settlements, which have been kept private,” Abraham said.
Still, he and other legal experts added that a waiver signed by the passengers before the voyage may be a challenge to suing OceanGate—though there still may be hope for the families of the passengers seeking legal remedies against the company.
The waiver mentions the word “death” eight times. It required passengers to acknowledge “that all travel in or around the water on vessels of any type, including submersibles, entails both known and unanticipated risks that could result in physical injury, disability, emotional trauma, death, harm to myself or third parties, or damage to my property.”
“I hereby assume full responsibility for the risk of bodily injury, disability, death, and property damage due to the negligence of any Released Party while involved in the operation,” the waiver reads.
Attorney John Uustal told Newsweek that these sort of waivers are generally upheld by the courts, particularly in cases “where there is something that is considered experimental and unavoidably dangerous.”
“The reporting on this incident seems to show really egregious negligence, so if I represented one of the families, I’d be scrutinizing every word of the waiver and scouring the lawbooks,” Uustal said.
Former federal prosecutor Neama Rahmani told Newsweek there are generally some exceptions to waivers.
“Victims can’t waive gross negligence on the part of companies. Waivers usually have a choice of law and forum selection clause. Many cruise ships have these provisions, even though they go out on international waters,” Rahmani said.
OceanGate, which was previously sued, is no longer in business. Its website reads: “OceanGate has suspended all exploration and commercial operations.”
Uustal said that the implosion occurring in international waters “might provide a basis to sue in another forum, but that forum will likely also recognize the waiver.”
“If there is a way to get past the waiver, the fact that the incident and deaths occurred in international waters would not be a problem in the state where the negligence occurred, and the sales contract was entered into, and the waiver was signed. Those places would all have jurisdiction over the defendants, even if the incident occurred elsewhere,” Uustal added.
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