OceanGate protects itself from lawsuits in submersible deaths even if negligent

OceanGate protects itself from lawsuits in submersible deaths even if negligent

OceanGate, the company responsible for the ill-fated submersible designed for deep-sea exploration, has come under scrutiny for reportedly protecting itself from the hazards of underwater expeditions through a comprehensive liability waiver. Recent events have shed light on the tragic incident involving OceanGate Expeditions’ tourist submarine, a 21ft submersible that went missing shortly after submerging.

Contact with the vessel was lost approximately an hour and 45 minutes after it began its descent. Despite search and rescue efforts, it was determined that the individuals on board, including OceanGate CEO Stockton Rush, French Navy veteran Paul-Henri (PH) Nargeolet, British billionaire Hamish Harding, Pakistani businessman Shahzada Dawood, and his 19-year-old son Suleman, had likely perished on June 18.

Recent revelations have brought attention to a document obtained by TMZ, which indicates that OceanGate has implemented a liability waiver that places significant responsibility on the passengers themselves. The document, used on a previous trip, repeatedly highlights the risks of serious injury or death, while informing passengers that they assume these risks without recourse against the company.

OceanGate’s waiver also asserts that even if the company is found negligent in the design or operation of the vessel, passengers are legally prohibited from seeking compensation. The document explicitly states, “I hereby assume full responsibility for the risk of bodily injury, disability, death, and property damage due to the negligence of [OceanGate] while involved in the operation.”

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Passengers are informed of the various hazards they may encounter during their journey. For instance, they are made aware that a portion of the expedition will take place inside an experimental submersible vessel, which lacks approval or certification from regulatory bodies and may incorporate materials not widely used in human-occupied submersibles. Furthermore, diving below the ocean’s surface exposes them to extreme pressure, with any failure of the vessel potentially resulting in severe injury or loss of life.

Additionally, passengers who choose to assist in servicing or operating the submersible vessel are exposed to risks associated with high-pressure gases, pure oxygen servicing, high-voltage electrical systems, and other potential dangers that could lead to property damage, injury, disability, or even death.

The waiver further states, “I understand the inherent risks in the activities that will be undertaken during the operation, and I hereby assume full responsibility for all risks of property damage, injury, disability, and death…. I hereby agree to defend, indemnify, save, and hold harmless OceanGate Expeditions, Ltd…. from any loss, liability, damage, or costs they may incur due to any claim brought in violation of this Release.”

These revelations have sparked discussions about the ethical implications of such waivers and the responsibility companies bear when offering high-risk activities to paying customers. As the investigation into the tragic incident involving OceanGate Expeditions’ submersible continues, questions surrounding accountability and the adequacy of the liability waiver have come to the forefront.