Analysis: Titanic sub: victims' families could still sue despite liability waivers

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Liability waivers signed by passengers on a submersible lost at sea during a dive to the Titanic wreck may not shield the vessel's owner from potential lawsuits by the victims' families, legal experts said.

The Titan submersible vanished on Sunday roughly two hours into its dive and was found in pieces on the ocean floor after what the U.S. Coast GuardThe passengers, who paid as much as $250,000 each for the journey to 12,500 feet below the surface, are believed to have signed liability waivers. A CBS reporter who made the trip with OceanGate Expeditions in July 2022 reported that the waiver he signed mentioned the possibility of death three times on the first page alone.

OceanGate could argue it was not grossly negligent and that the waivers apply because they fully described the dangers inherent in plumbing the deepest reaches of the ocean in a submersible the size of a minivan. Families could also seek damages from any outside parties that designed, helped build or made components for the Titan if they were found to be negligent and a cause of the implosion.OceanGate could seek to shield itself from damages by filing a so-called limitation of liability action under maritime law, which lets owners of vessels involved in an accident ask a federal court to limit any damages to the present value of the vessel. Since the Titan was destroyed, that would be zero.

 

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