Titanic submersible: Families of passengers may be able to sue even if victims signed waivers, experts say

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NEW YORK — Families of the passengers aboard the ill-fated submersible lost near the shipwrecked Titanic may be able to successfully sue deep-sea travel company OceanGate even if the victims signed liability waivers, legal experts told ABC News.

A remote-operated vehicle found several pieces of debris from the submersible, indicating the"catastrophic implosion" of the underwater craft and confirming the deaths of its five passengers, U.S. Coast Guard Rear Adm. John Mauger said at a press conference on Thursday.

In general, waivers protect companies because they lay out the possible risks posed by a given activity or service. A customer must attest to knowledge of such dangers before doing business with the company. "If the company took unnecessary risks and said, 'We're going to do it anyhow,'" Richard Daynard, a professor at Northeastern University School of Law who focuses in part on corporate liability, told ABC News."That would be gross negligence."

In 2018, meanwhile, more than 35 industry experts signed a letter addressed to OceanGate CEO Stockton Rush warning that the company's decision to forego third-party assessment could result in a"catastrophic" outcome. Despite these apparent safety concerns raised with the company, plaintiffs could face difficulty mounting a liability lawsuit, since deep-sea travel carries significant inherent risks and OceanGate has a record of previously completed trips, said Daynard, of Northeastern University.

 

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Analysis: Titanic sub: victims' families could still sue despite liability waiversLiability 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.
Source: Reuters - 🏆 2. / 97 Read more »