In the tragic aftermath of the Titan submersible disaster, legal experts say that - despite the waivers signed by the passengers - OceanGate could face lawsuits from the families of those onboard.
Just days ago, OceanGate announced the devastating loss of the Titan's five passengers following an underwater expedition to the Titanic shipwreck. The tragedy that has raised questions about the safety measures of the vessel and the potential for legal consequences.
The attention is particularly drawn to the waivers signed by passengers prior to the journey.
The unfortunate victims aboard the vessel were Stockton Rush, CEO of OceanGate, Shahzada Dawood, a Pakistani entrepreneur, his son Suleman Dawood, French Titanic specialist Paul-Henri Nargeolet, and British billionaire Hamish Harding.
David Pogue, a CBS journalist who shared his experience with PEOPLE prior to the discovery of the vessel's debris, recalled the explicit waiver he was asked to sign during his dive on the Titan last summer.
The document was unambiguous about the possibilities of enduring injury, emotional trauma, or even death. He told the publication: "The waiver says 'This vessel has not been inspected or certified by any government body.' So you know very well that it is a one-of-a-kind vessel."
Another former passenger to speak out was Mike Reiss, an Emmy Award-winning writer-producer for The Simpsons.
Reiss told the New York Post that he was a former passenger of Titan, and had successfully descended 13,000 feet with four others in order to see the historic wreckage of the Titanic.
Reiss reflected on his experience, telling The Post: "Death is always lurking, it’s always in the back of your mind."
"Before you even get on the boat, there’s a long, long waiver that mentions death three times on page one," the 63-year-old added.
According to a TMZ report, the waiver used the previous summer allegedly dictated passengers to "assume full responsibility for all risks of property damage, injury, disability, and death." OceanGate has yet to comment on these allegations.
Neama Rahmani, a trial attorney and former federal prosecutor, offered insight to PEOPLE, emphasizing that despite the waiver, OceanGate is not entirely shielded from all types of legal action in light of the fatalities.
Rahmani explained: "You can only waive a simple negligence. By law, you can’t waive gross negligence. So this is above and beyond, you know. So, whatever waiver they signed [...] You can waive known risks, but you can’t waive something more than that, which again, I’m certainly no expert in these types of vessels, but this seems like something more than simple negligence."
Rahmani also voiced his conviction about an impending civil lawsuit, asserting it as "100 percent certain". He added that the possibility of a criminal prosecution was a "bigger question" — but given the stature of the passengers, he "wouldn’t be surprised if there was a criminal prosecution of people who were responsible for this."
The United States Coast Guard confirmed last Thursday that the debris found near the Titanic was indeed from the Titan, discovered 1,600 feet from the bow of the tailbone of the Titanic wreckage, suggesting a "catastrophic implosion of the vessel".
In a heart-wrenching statement, OceanGate announced that all five passengers "have sadly been lost".
An excerpt from their statement read: "This is an extremely sad time for our dedicated employees who are exhausted and grieving deeply over this loss."
Our thoughts continue to go out to anybody affected by this tragedy.
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