Challenges Ahead for Potential Lawsuits Against OceanGate Expeditions

The discovery of the imploded submersible ‘Titan’ has prompted questions regarding OceanGate Expeditions’ liability. While jurisdictional issues and waivers signed by passengers may hinder a lawsuit, misrepresentation of safety could offer a potential legal route. Yet, the company’s possible financial demise following the disaster could render lawsuits moot.

After days of searching, the U.S. Coast Guard announced on June 22 that the debris from the missing submersible ‘Titan’ was found and was consistent with ‘a catastrophic implosion of the vessel.’

With attention turning to whether the company behind the vessel could be held liable for the tragedy, a Northeastern University law expert and former Coast Guard official say a lawsuit faces a number of challenges.

‘A lawsuit is unlikely unless the company misrepresented the safety of the submersible,’ says Richard Daynard, distinguished professor at Northeastern University School of Law. ‘Otherwise, this is a classic example of ‘assumption of the risk.’’