John Uustal, co-founding partner at K|U, shared his legal expertise in a recent CBS News article, discussing the challenges families of the Titan submersible victims may face in pursuing lawsuits against OceanGate.
On June 18, 2023, the Titan submersible went missing during an expedition to explore the Titanic wreckage. Despite extensive recovery efforts, it was confirmed on June 22 that the vessel had imploded, killing all five passengers. However, all passengers signed a waiver before embarking on their voyage.
Legal experts, including Uustal, have highlighted the potential impact of the waivers signed by passengers before the expedition. These waivers required acknowledgment of risks, including injury, emotional trauma, and death, which could complicate Titan Submersible legal claims.
Uustal noted, “It seems to me this kind of verification of informed consent is entirely appropriate, and in general they are legally valid.” He pointed out that such waivers might shield OceanGate from responsibility, even for serious misconduct.
He advised the victims’ families to scrutinize the waiver for any omissions or undisclosed risks.
“I would suggest looking closely at the exact language of any release terms and see if there is any misconduct that was not covered,” Uustal explained. “That may provide grounds for a lawsuit, if indeed there was such misconduct.”
Read the full CBS News article.
