What are the legal repercussions if something goes wrong in a dangerous trip or adventure, and who will be responsible if the participants in such activities die, as happened with the “Titan”, whose passengers were heading towards the wreck of the “Titanic” ship?
According to NBC News, things get “murky” with all of these questions, even when those involved in these activities sign waivers designed to shield the company from liability.
According to what the website quoted legal experts, there is no specific assessment model that determines whether the company should pay compensation in the event of an “unfortunate accident”.
Most dangerous-trip operators buy liability insurance anyway because the waiver forms they ask customers to sign may not be enforceable in the end.
Liability insurance is an insurance product that provides protection against claims resulting from injury and damage to people or property.
And the site quoted Kenneth Abraham, a professor of law at Abraham University, as saying: “If a business operator is responsible for a disaster in the United States, the situation in terms of claims can depend on the laws of the state in which the company operates, or even the judge’s interpretation of the waiver form.” .
Abraham added, “There is some difference from one activity to another, and from one specialty to another. In the case of the submarine (Titan), according to reports, customers were asked to sign an exemption from liability in favor of the company (Oceangate), which owns the submarine.”
He continued, “The mere existence of a waiver form may not dissuade trial attorneys. The vast majority of lawsuits that go to trial will eventually result in financial settlements.”
Regarding the responsibility of the submarine operating company, Nora Freeman Engstrom, a law professor at Stanford University, said: “A signed waiver may not absolve the company in an unexplained death case.”
Engstrom explained that many waiver forms that are signed prior to high-risk recreational activities, such as skydiving, scuba diving or skiing, “are often enforceable, as long as they are clearly written, and they must also be included in contracts.”
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