Titan Submersible Disaster
On June 18, 2023, OceanGate sent its Titan submersible down into the depths of the ocean to view the Titanic wreckage. Aboard the submersible were five individuals, including the Chief Executive Officer of OceanGate, Stockton Rush, and four passengers who had paid for the trip, including Paul-Henri Nargeolet, Hamish Harding, Shahzada Dawood, and his son, Suleman Dawood. During their descent, the submersible imploded, killing all five aboard.
Wrongful Death Lawsuits Against OceanGate
It can safely be presumed that massive wrongful death lawsuits will be brought against OceanGate for this horrific tragedy. The relatives of the deceased passengers will certainly pursue recovery from OceanGate and/or its insurance carrier for the loss of their loved ones.
Liability Waivers Signed by Victims
The passengers who paid to take this voyage signed liability waivers before OceanGate allowed them to participate. Companies that are running operations that involving sporting and recreational activities that involve a high likelihood of injury or death will frequently require participants to sign liability waivers. Such waivers can be legally enforceable and may offer some protection to the company organizing the activity. The company may have protection against ordinary negligence that may have been a contributing factor to an injury.
However, companies will not be protected from gross negligence that leads to an injury or death. Gross negligence can be established where there is extreme indifference or reckless disregard for the safety of the participants in the activity. Thus, any fault or culpability that rises beyond the level of ordinary negligence can expose the company to a lawsuit for resulting injuries and death.
OceanGate Enterprises Will Not Be Protected by Liability Waivers
OceanGate will certainly try to protect themselves from wrongful death lawsuits by hiding behind the liability waivers signed by the victims. In my opinion, this will be an exercise in futility for OceanGate. The plaintiffs in the wrongful death lawsuits will be able to demonstrate that OceanGate’s conduct was not just ordinary negligence, but that it constituted gross negligence or an even higher level of fault. OceanGate’s business appears to be located in Washington State, so assuming the lawsuits will be brought in state court there, the liability waivers will not protect OceanGate from gross negligence.
Claims are currently being made that multiple experts advised OceanGate that the Titan submersible needed to undergo significant safety testing and certification. For instance, the viewport that would allow passengers to see the Titanic directly, had only been certified to work at depths up to 1,300 meters. The Titanic wreckage is nearly 4,000 meters below the surface.
How did OceanGate respond to multiple dire warnings by safety experts? OceanGate ignored their warnings. They made repeated decisions to ignore the experts’ safety recommendations. The result of these decisions by OceanGate was the implosion of the Titan submersible. OceanGate’s blatant disregard for the safety warnings and recommendations by experts will be a clear basis for establishing gross negligence, which will defeat the liability waivers. We’ll wait to see how the wrongful death lawsuits play out.
Feel free to contact Suits Litigation, Inc. if you would like a free consultation on your personal injury matter. Please call our office in San Jose, California at (408) 637-5413 to speak with us.