According to CBS writer David Pogue, each of the five missing men who were on board Titan, the OceanGate submersible that went missing while en route to the Titanic wreckage earlier this week, signed a disclaimer before setting out on what may be their final adventure. According to the waiver, “This experimental vessel has not been approved or certified by any regulatory body and could result in physical injury, emotional trauma, or death.”
Apart from this, a former submersible passenger also claimed that the waiver he signed before his own trip stated death three times on its first page alone. “You sign a massive waiver that lists one way after another that you could die on the trip,” Mike Reiss told the BBC. “They mention death three times on page one, so it’s never far from your mind.”
However in spite of all this, if the “Titanic Five” are not discovered alive, a legal expert thinks OceanGate may be subject to a federal investigation into any potential criminal charges. At this point, it is believed that the oxygen on the missing submersible has possibly run out.
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Joshua Ritter, a partner of El Dabe Ritter Trial Lawyers and a criminal defense lawyer, told DailyMail.com that the waiver signed by those present does not completely shield those in charge from criminal liability.
The question of whether OceanGate may be held criminally liable has not yet been resolved, but some government, or perhaps a combination of governments, will undoubtedly look into this catastrophe, according to the former LA County prosecutor. “The U.S. government will most likely conclude that it has jurisdiction to investigate, even though the company operated in international waters,” he said.
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He added, “If an investigation reveals the participants were misled about the risks or pressured to agree to activities they would normally avoid, then it can lead to criminal charges. For the company to use a video game controller to steer this submarine, that’s the kind of thing that makes this ripe for an investigation. However, the CEO of the company is among the missing, and if he does not survive this whole episode that will cloud the question of who bears ultimate responsibility.”
