Winning a Big Judgment in the Titan Submersible Disaster Lawsuit: Unraveling the Legal Challenges
After the tragic Titan submersible disaster, which claimed the lives of five individuals, legal experts anticipated that a lawsuit was inevitable. However, winning a substantial judgment against the vessel’s owner presents significant challenges.
The Lawsuit: Claims of Negligence and Emotional Distress
The family of French explorer Paul-Henri Nargeolet filed a lawsuit seeking over $50 million in damages. The lawsuit alleges that the crew on board the Titan experienced “terror and mental anguish” before the sub’s implosion, claiming that the sub’s operator, CEO Stockton Rush, was guilty of gross negligence.
Legal Experts’ Perspectives: Challenges and Uncertainties
Legal experts acknowledge that the Nargeolet estate may receive some compensation from the lawsuit, but it is unlikely to match the amount sought. They also raise concerns about the availability of funds, as OceanGate has since ceased operations.
Some experts suggest that the passengers assumed inherent risks by boarding an experimental submersible bound for the Titanic wreck site. John Perlstein, a personal injury lawyer, argues that the passengers bear partial responsibility for their choices.
Complexity of Proving Damages: Emotional Suffering and Negligence
Attorneys for the Nargeolet estate focus on the emotional and mental anguish endured by the passengers on board the Titan. However, proving that the implosion and deaths were not instantaneous could be challenging.
Even if negligence can be established, Richard Daynard, a distinguished professor of law, notes that a large monetary judgment is not guaranteed. A settlement remains a possibility, but its value may be significantly lower than the amount sought.
Financial Considerations: OceanGate’s Assets and Potential Defendants
Ted Spaulding, an Atlanta-based personal injury attorney, questions the financial viability of the lawsuit, given OceanGate’s limited assets. He suggests that suing the company’s CEO, Stockton Rush, might have been an option if he had substantial personal assets.
Ongoing Investigations: The Coast Guard’s Role
A high-level investigation into the Titan’s implosion is ongoing under the U.S. Coast Guard. A public hearing as part of the investigation is scheduled for September, which could shed light on the circumstances leading to the disaster.
Conclusion: Complexities and Uncertain Outcomes
The legal battle surrounding the Titan submersible disaster presents a complex web of challenges. Winning a substantial judgment is an uphill battle, with experts anticipating a moderate recovery at best. The case highlights the difficulties of pursuing legal action in such tragic circumstances and the complexities of proving negligence and damages in a highly technical field.
