OceanGate, the company responsible for the ill-fated submersible meant for exploring the depths of the sea, has been found to protect itself from the risks of underwater exploration through a comprehensive liability waiver. The 21ft submersible, operated by OceanGate Expeditions, disappeared after it submerged, with contact being lost an hour and 45 minutes later.
Officials conducting the search and rescue operation stated that the individuals likely died before military planes, using sonar buoys, detected sounds in the water that were thought to be SOS signals. The victims, including OceanGate CEO Stockton Rush, French Navy veteran Paul-Henri (PH) Nargeolet, British billionaire Hamish Harding, Pakistani businessman Shahzada Dawood, and his 19-year-old son Suleman, have been identified.
A document obtained by TMZ, used on a trip the previous summer, repeatedly highlights the risk of serious injury or death. It informs passengers that they assume the risk without any legal recourse against the company. The document also outlines that even if OceanGate is negligent in the vessel’s design or operation, the passengers have no legal recourse. It states, “I hereby assume full responsibility for the risk of bodily injury, disability, death, and property damage due to the negligence of [OceanGate] while involved in the operation.”
Furthermore, the document notifies passengers of the risks associated with the experimental submersible vessel, the extreme pressure experienced when diving below the ocean surface, and the potential dangers when assisting in the vessel’s servicing or operation. A waiver included in the document emphasizes the inherent risks and requires passengers to assume responsibility for all potential consequences, including defending and indemnifying OceanGate Expeditions, Ltd. from any claims brought in violation of the release.
