Boston — Passengers who died this week were likely asked to sign a liability waiver before boarding the submarine that exploded near the wreckage of the Titanic.
One of the waivers signed by anyone planning to go on the Oceangate expedition required passengers to accept the risks associated with travel on board the Titan ship and any supporting ships. The waiver, reviewed by The Associated Press, states that passengers could experience physical injury, disability, emotional trauma and death while aboard the Titan.
Passengers also waive any right of action for “personal injury, property damage or any other loss” experienced during travel.
The form also clarifies that the ship is experimental and “built from materials that have not been widely used for manned submarines.”
The exemptions could play a big role as the families of those who died weigh their legal options. Legal experts said much will be known about the case, including what caused the ship to explode, from what the investigation into the disaster reveals.
What is Liability Exemption?
Sometimes referred to as a release form, a liability waiver is typical before performing recreational activities such as skydiving or scuba diving that involve some degree of risk. By signing the document, travelers generally accept the risks and hazards associated with the activity and release the company owner from liability if they are injured.
Matthew Schaefer, a trial attorney with the maritime personal injury law firm Schechter, SchaeferAnd forms are common before doing any kind of “ultra-dangerous recreational activity,” Harris said.
He added, “A good release will cover any and all potential damages and you state this in as simple language as possible.” “You can be killed. You may get hurt. You may be crippled and you will have no support. You are absolving us of any liability for anything bad that happens to you as a result of engaging in this activity.
How important are these forms in court?
Legal experts have said that the validity of these documents depends on the state where they are signed. Some states recognize them while others do not. Signed waivers have been upheld in cases involving scuba divers in Florida and skiers in Colorado.
Either way, the court weighs the document based on other factors, including whether the person signing it understood the form and the risk they are taking, as well as how unusual and dangerous the activity is.
A court will also consider whether the owner or operator withheld information from the passenger, or intentionally caused “potential harm” to the passenger, Schaefer said. Another question is whether there was “gross negligence involved.”
Regardless of whether there was an exemption or not, Schaefer and others have said they expect the families of those who died in the submarine to sue not only Oceangate, which operated the Titan, but also the ship’s builders and companies that provided parts. Will sue too.
“Apologies are definitely going to be an important factor arising out of this disaster and it depends a lot on the court and the facts that come out,” he said.
Will Titan’s waiver hold up in court?
In Titan’s case, a complicating factor is that the disaster occurred in international waters. Any dispute will be governed by the laws of The Bahamas, where the company, Oceangate Expeditions Ltd., is registered, according to a waiver reviewed by AP.
Kenneth Abraham, Harrison Distinguished Professor of Law at the University of Virginia School of Law, said, “If the law of the Bahamas is not favorable to families, my guess is they will bring suit in the United States or in their home countries.” , who is aware of the terms of the waiver. He said that declaring the exemption invalid in the US could become part of the legal debate.
But Steve Flynn, a retired Coast Guard officer and director of Northeastern University’s Global Resilience Institute, said potential lawsuits may not succeed given the challenges of establishing jurisdiction.
The explosion happened “basically in a regulatory no man’s land,” Flynn said.
“There was basically no oversight,” Flynn said. “To some extent, they took advantage of jurisdictional opacity to not conduct inspections.”
Another problem, Flynn said, is whether Oceangate survives and, if so, who gets sued. Among the five dead was Stockton Rush, CEO of the company that led the expedition.
Even if it survives, Oceangate is unlikely to be held liable in court, said Richard Dennard, a distinguished professor at Northeastern University School of Law, unless the company misrepresented the safety of the ship.
Otherwise, this case is a prime example of risk assumption on the part of the investigators, Denard said.
Denard said the company, which closed its Washington office after the blaze was revealed, may not even be able to pay the damages. He said, “If he is held liable, my guess is that he is unlikely to have the millions of dollars that would be awarded if I were on the jury.”
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Associated Press writers Holly Reimer in New Hampshire and Patrick Whittle in Portland, Maine, contributed to this report.
