Families of the passengers aboard the ill-fated submersible lost near the shipwrecked Titanic may be able to successfully sue OceanGate.
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 .
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.
The deceased passengers are believed to have signed liability waivers, since some riders aboard previous OceanGate trips have said that they signed such documents before their expeditions.
Mike Reiss, who took four previous trips led by OceanGate, that he signed « a waiver that mentions death three times on the first page. »
« It is always in the back of your head that this is dangerous, and any small problem will turn into a major catastrophe, » he said.
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.
Still, the families of the victims might ultimately win a liability lawsuit against the company, since waivers face limitations, legal experts .
« Generally speaking, when you have these liability waivers, you can waive liability for general things, » said Patrick Luff, founding partner of Luff Law Firm. « You generally can’t waive claims for gross negligence, extreme risk of harm, reckless disregard for safety. »
OceanGate did not immediately respond to ABC News’ request for comment.
« These men were true explorers who shared a distinct spirit of adventure, and a deep passion for exploring and protecting the world’s oceans, » the company said in a statement Thursday.
