A reporter who made the trip with OceanGate Expeditions in July 2022 reported the waiver he signed mentioned the possibility of death three times on the first page.
The degree of potential negligence and how that might affect the applicability of the waivers will depend on the causes of the disaster, which are under investigation.
Families could also seek damages from any outside parties that designed, helped build or made components for the Titan if they were found to be negligent and a cause of the implosion. But OceanGate would need to prove it had no knowledge of potential defects with the submersible and would carry the burden of proof, which legal experts said is a difficult burden to meet.
Another maritime law, the Death on the High Seas Act, allows people who were financially dependent on someone who died in a naval accident to seek only the portion of that person's future earnings they would have received. Plaintiffs cannot recover losses for pain and suffering in those cases.
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