OceanGate, the company that operated the doomed Titan submersible, could use the same law that the owners of the Titanic used in court to avoid legal liability over a century ago – the Limitation of Liability Act of 1851. What was meant to be an exciting 10-hour journey to the Titanic wreckage ended in the deaths of five people who had boarded the vessel. All the passengers were killed in a catastrophic implosion – an underwater implosion that led to the vessel suddenly collapsing.
“It is an interesting situation because of where it happened in international waters – there's a lot of complex issues of choice of law and jurisdiction about where any disputes may take place, what companies or what entity and government authorities will investigate,” Tulane University adjunct maritime law professor Michael Harowski, who teaches a course at the renowned institution’s law school on limitation liability, told The Independent.
“It’ll be fascinating to see how it plays out, because actually, going back to the original Titanic disaster, that raised a lot of the same concerns and issues as to liability – and, in fact, the owners of the Titanic in the United States did seek protection under the limitation of liability,” Michael added.
The five deceased passengers were OceanGate Expeditions CEO Stockton Rush, British billionaire Hamish Harding, French diver Paul Henry Nargeolet, and Pakistani businessman Shahzada Dawood and his son, Suleman.
{{/usCountry}}The five deceased passengers were OceanGate Expeditions CEO Stockton Rush, British billionaire Hamish Harding, French diver Paul Henry Nargeolet, and Pakistani businessman Shahzada Dawood and his son, Suleman.
{{/usCountry}}“Any claimants will most likely proceed, at least in part, under the Death on the High Seas Act (DOHSA),” Maritime Law Hawaii’s Andrew Porter, who will be teaching a course this year at the University of Hawaii’s renowned law school, said. “The two aspects of this case that immediately come into focus are the seaworthiness of the vessel and the loss of future income of the deceased.”
It is believed that archaic maritime laws may now help OceanGate.
What is the Limitation of Liability Act?
The Limitation of Liability Act is a federal law meant to protect American ship owners. According to the website of Attorney Steve Lee, “The Limitations of Liability Act allows vessel owners to limit their liability after a maritime incident or casualty to the post-casualty value of the vessel and its cargo.”
“Under the Act, a shipowner may be able to limit its liability to the value of the ship after the incident, plus pending freight. A vessel owner is not permitted to limit its liability if the vessel owner had privity or knowledge of the negligence or unseaworthiness that caused the casualty,” the website of Mariner Law says.
The act applies to vessels including cruise ships, container ships, dry bulk carriers, and tug and barges, and also to pleasure boats, yachts, jet skis, and houseboats.
Meanwhile, OceanGate has closed its headquarters in Everett, Washington State. The leasing agent said the company would be closing indefinitely, according to The Seattle Times. OceanGate’s CEO Stockton Rush was killed in the latest tragedy along with British billionaire Hamish Harding, French diver Paul Henry Nargeolet, and Pakistani businessman Shahzada Dawood and his son, Suleman.