The five passengers on the fatal submersible trip to the Titanic wreckage site were likely asked to sign liability waivers
near the Titanic wreck, the passengers who died this week were most likely asked to sign liability waivers.
The form also makes it clear that the vessel is experimental and “constructed of materials that have not been widely used for manned submersibles.” Matthew Shaffer, a trial lawyer with the maritime personal injury law firm Schechter, Shaffer& Harris, said the forms are commonplace before doing any kind of “ultra-hazardous recreational activity.”
A court, Shaffer said, will also consider whether an owner or operator withheld information from the passenger, or knowingly exposed the passenger to “probable harm.” Another question is whether there was “gross negligence involved.” . According to the waiver the AP reviewed, any disputes would be governed by the laws of the Bahamas, where the company, OceanGate Expeditions, Ltd, is registered.
Another problem is whether OceanGate survives and, if so, who to sue, Flynn said. Among the five passengers dead was CEO of the company who led the expedition, Stockton Rush.
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