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OceanGate, the operator of the ill-fated Titan submersible that killed five passengers, is requiring passengers to sign a liability waiver before entering the submersible. It explicitly limits their risks, including the chances of death, physical harm and emotional trauma. The submersible is 21 feet long and is designed to travel 4,000 meters below the surface. It disappeared after traveling for about 2 hours on June 21 and was later found as debris on the ocean floor.
The waiver plays an important role in whether the deceased passenger’s family has the opportunity to take legal action against Oceangate.
CBS News correspondent David Pogue highlighted the company’s immunity from liability. He traveled on the Titanic submarine last year and documented three times the risk of death was noted in documents, among other dangers. The waiver also highlights problems with the submarine that experts have listed ahead of the doomed submarine.
“This operation will be performed in an experimental submersible that has not been approved or certified by any regulatory agency and may be constructed of materials not yet widely used in manned submersibles,” the waiver states.
Passengers waive their right to take action against “personal injury, property damage or any other damage” encountered during the trip, according to the Associated Press.
This legal document protects the company from liability to the passenger and ensures that the passenger acknowledges the dangers and risks involved in the activity. Such documents are signed prior to recreational activities such as scuba diving or skydiving.
global waters
Liability issues are complicated by the fact that the incident took place in international waters, said Craig Goldenfarb, a lawyer who practices admiralty and maritime law and founder of Goldlaw LLP. Therefore, the provision of “choice of law” has become an extremely critical point of immunity.
He added, “The choice of law clause confers national jurisdiction in the event of any litigation arising from the contract.”
Under the waiver received by The Associated Press, any disputes will be governed by the laws of the Bahamas, where OceanGate is incorporated. The Bahamas is considered a business-friendly jurisdiction as its legal system is based on English common law. The right to sue the company depends on Bahamian laws regarding immunity from liability.
Goldenfarb emphasized that if a passenger who signed the waiver did not understand the language of the waiver and died due to a disability or any other issue, their families may have the right to sue the company. The reason is that the victim is not fully aware of the risk or danger. In addition, judges can deny immunity if there is evidence of clear negligence.
“You can waive the negligence standard of liability, but you can’t waive gross negligence,” said Patrick Raff, a former law school professor and founding partner at Laff Laff, “but you can’t waive gross negligence. Gross negligence varies, but usually it’s ‘even though you know there’s an extreme risk. , but still take action ‘”‘. “
“Experimental Submersible”
Families of passengers cannot sue the company for being an “experimental submersible” or not certified by an industry group, some legal experts said. As the disclaimer highlights the risks and dangers of submersible diving, it shows that passengers are aware.
John Uustal, Kelley’s founding partner, said in an email to CBS MoneyWatch: Uustal’s trial attorney said, “If the information is hidden, then of course there can be prosecutions. In my view, this verification of consent are entirely appropriate, and generally speaking, they are legally valid.”
Ustal said he would like to advise the families of the passengers to analyze the undisclosed issues in the document, “I recommend looking carefully at the exact language of any release clause to see if there is any wrongdoing that is not covered. This could affect the safety of the passengers.” .” If such misconduct did exist, please provide a cause of action. “
Goldenfarb asserts that additional legal issues may arise as more is learned about why and how the ship imploded. The investigation into Titan’s malfunction began this weekend, with deep-sea robots hunting for debris from the submersible.
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