It seemed like a risky situation. Five men boarded a small sub with the intention to go thousands of feet below the ocean’s surface. The men knew it was dangerous, and they signed waivers acknowledging the risks. Then, they lost their lives.
Now, family members of one of the men say the risks were higher than the men knew, and they feel they should be compensated for the loss of their loved one. Will they win?
What Happened on the Titan Sub?
In June 2023, the country was riveted by a story of five missing men. The men had boarded a submersible called the Titan, run by OceanGate Expeditions, on a mission to travel 12,500 feet below the surface to view the wreckage of the Titanic — but then they disappeared.
Two hours into the dive, the control ship lost communication with the TItan. A massive search lasted for four days until wreckage from the sub was finally discovered on the seafloor around the Titanic wreckage.
The Titan sub had imploded, and all five people on board were pronounced dead.
This blog covered the story at that time and considered whether or not lawsuits would follow the Titan’s implosion. Now, we have our answer.
Family Files $50 Million Wrongful Death Lawsuit
The family of one of the passengers, Paul Henri-Nargeolet, recently filed a $50 million wrongful death lawsuit. Henri-Nargeolet was a French explorer who was said to have visited the Titanic site more than any other person, making 37 dives to the site in his lifetime, as reported by CBS News.
His family is suing OceanGate, the operator of the submersible, as well as other involved individuals and entities. The lawsuit claims gross negligence according to a press release from the firm representing Henri-Nargeolet’s family. The lawsuit claims, OceanGate “failed to disclose about the condition and durability of the Titan submersible, its composition, its components and the previous similar models.”
The family’s lawyers argue that Henri-Nargeolet knew there were risks associated with the expedition but the extent of the risks was not properly conveyed and OceanGate failed to address safety concerns presented before the trip.
What About the Liability Waiver?
Before the men boarded the Titan sub, they paid $250,000 each for their trip and signed a liability waiver.
A liability waiver is a legal document a person signs to acknowledge and accept the risks involved in a particular activity. Once signed, the document releases the organization or individual offering the activity from liability for any harm or injury that may occur as a result of participating.
The exact waiver Henri-Nargeolet signed before boarding the Titan sub has not been released, but a passenger who made the trip with OceanGate in July 2022 shared details about the waiver he signed. Mike Reiss told the BBC the waiver mentioned the possibility of death three times on the first page alone.
The lawsuit will likely fight against the defense of the waiver by arguing that the risk was not accurately and clearly reflected to Henri-Nargeolet. In their statement, the legal time noted that “many of the particulars about the vessel’s flaws and shortcomings were not disclosed and were purposely concealed.”
So, does Henri-Nargeolet’s family have a case?
Related: Examples of Wrongful Death Cases Worth Fighting For
Will the Family Win Their Case?
To win a wrongful death case, the family must prove:
- Breach of Duty: OceanGate had a duty to provide safe conditions.
- Negligence: OceanGate was aware of an unsafe condition and failed to act.
- Damages: The family sustained damages, monetary (such as medical bills, lost income, property damage, cost of funeral, etc.) or non-monetary (such as emotional trauma, loss of consortium or companionship, etc.), as a result of Henri-Nargeolet’s death.
The family has documentation to show shortcuts in the construction of the Titan sub. For example, a mass-produced Logitech video game controller, the type used with an Xbox or PlayStation game console, was proudly used to run the sub.
The legal team also has records of industry experts and employees expressing safety concerns. In a 2018 lawsuit, an employee said he was worried about poor “quality control and safety” protocols that “paying passengers would not be aware of.”
Attorneys will have an uphill battle fighting against the waiver Henri-Nargeolet signed which may protect OceanGate from any ponytail liability. We’ll have to wait and see what other details could support either side of the case, which could go either way.
Related: How Do You Sue for Wrongful Death?
Have You or a Loved One Been Injured by Negligence?
If you or a loved one have been injured or caused harm by the negligence of another person or company, you have a legal right to be made whole. See if you have a case by talking to an experienced personal injury attorney or wrongful death attorney.
All consultations are free, and you don’t pay anything until your case is won. See if you have a legal right to damages and compensation. Talk to TJ Grimaldi today. Schedule your consultation or call 813-226-1023.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
