Court protection for OceanGate?
oh geez
why do people have no sense of decorum
Court protection for OceanGate?
Interesting. I agree it will be very complex. I also think OceanGate will have little to no assets to even recover for the families.I posted an article earlier that explains this in more detail, it's related to an 1851 maritime law that protected the owners of the Titanic in court from lawsuits after the Titanic sank. Maritime law experts are wondering if the same law could apply here in relation to the submersible, Titan, imploding in international waters.
Here is the link to the article which expands on the quote below and how the law might be applied in this situatin to limit liability for OceanGate in relation to any lawsuits brought forward -
An 1851 maritime law protected Titanic owners in court. Could OceanGate use it too?
The owners of Titanic sought to limit liability following the ship’s sinking by petitioning under 1851 legislation. The owners of the submersible lost on its dive to visit that famed ship’s wreckage may do the same thing, legal experts tell Sheila Flynnwww.independent.co.uk
Experts tell The Independent that one 172-year-old piece of legislation could prove pivotal for the company: the Limitation of Liability Act of 1851.
“It is an interesting situation because of where it happened in international waters – there's a lot of complex issues of choice of law and jurisdiction about where any disputes may take place, what companies or what entity and government authorities will investigate,” Tulane University adjunct maritime law professor Michael Harowski, who teaches a course at the renowned institution’s law school on limitation liability, tells The Independent.
“It’ll be fascinating to see how it plays out, because actually, going back to the original Titanic disaster, that raised a lot of the same concerns and issues as to liability – and, in fact, the owners of the Titanic in the United States did seek protection under the limitation of liability.”
Interesting. I agree it will be very complex. I also think OceanGate will have little to no assets to even recover for the families.
But I think the families of Hamish Harding and the the very wealthy father/son have practically limitless assets and lawyers at their fingertips and will pursue lawsuits to seek justice for their loved ones and to try to assign blame in efforts to preventing a tragedy like this in the future.
If Wendy or other employees knew this was dangerous and allowed the dives to continue so they could earn profits, then they deserve to spend the last of their assets on attorneys, and end up penniless.
If Wendy or other employees knew this was dangerous and allowed the dives to continue so they could earn profits, then they deserve to spend the last of their assets on attorneys, and end up disgraced and penniless.
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Well, there probably will be many lawsuits.
I only wonder whether Lockridge, who essentially did his job well, is entitled to any compensation for the time, money and energy spent trying to protect and save people who he yet didn’t know and who’d one day be underwater?
If there is any real hero of the story, it is David Lockridge. I understand that he refuses to comment, I hope that one day, he will.
I don't wish disgrace and pennilessness on anyone, and see Mrs. Rush and her children as victims as well as the other families. Coming from a wealthy family, I hope she has assets that are outside of OceanGate (pre-marital assets) and that they have managed to set up marital assets in a way that they are protected from before they established OceanGate, in the same way an LLC would be set up.
I hope that each of the victims' family members deals with this tragedy in whatever way brings them peace, and that includes Stockton Rush's family. Maybe some of the victims' families will become advocates for regulations regarding deep dives to the Titanic and other extreme expeditions. Some may want to file a civil lawsuit against OceanGate.
I have great compassion for each of the victims' families, including the family of Stockton Rush, and for the loved ones of PH Nargoelet, Hamish Harding, and the Dawood family.
I almost wonder if the opposite is true. The fact that the victims are so rich, is it even worthwhile to pursue a lawsuit? It will take many years of painful legal wrangling and maybe they'll get $5 or $10 million in a wrongful death suit. It would be the equivalent of a regular person getting a settlement of $1,000.
If they do sue, it will probably be only to get justice for their loved ones instead of any monetary gain. But the principal wrongdoers, Rush and Nargeolet, are dead, and OceanGate is unlikely to have much in the way of assets. Perhaps they can pierce the corporate veil and go after the BoD and Wendy Rush, but will suing the ancillaries really make the families feel like justice was served?
The sad thing is, he's probably feeling devastated that he didn't push harder and more emphatically.
These types of situations create cascades of victims and he is very much one.
I need to look at the lawsuit. Anyone seen the complaint? Rush's other Ocean Gate entities were all Washington companies, LLCs and corps.<modsnip - off topic>
We need some of the families to become advocates for transparency and several layers of safety. My condolences to all of them.
But first, we, as the country, have to apologize to David Lockridge. It is us bringing him in, on an O visa, to put through such wringer. I hope all levels, whoever reported Lockridge to Rush, whoever participated in the lawsuit (my state! I don’t believe Everett is related to Rush, at all, but the court that made decision, is!). All organizations that didn’t respond, too...
Also: I sometimes read that Rush’s grandiosity was due to being born in a privileged family. I don’t think so, in fact, have reasons to believe it was not this. I think it was genetics. However, world is full of mad inventors trying to cross-breed planes with blimps, and usually they end up you-know-where. The fact that Rush was allowed to experiment and sell tickets might be due to some connections. It is probably not criminal but I hope everyone involved makes a conclusion.
I'm sorry Charlot, i wasn't following your argument on Lockridge and the visa issue. Fill me in.
Watching the promotional videos and seeing the group pictures of each group involved in a single Mission, you can tell this was a tight knit group of people that spent days at a time together, living and breathing, underwater exploration and Titan talk. Their entire life while on the boat was working on the Titan.
Just think about all the mishaps we have read about from guests on the boat, passengers and outsiders - electrical failures, the platform sinking under a fishing line, the propellers installed backwards, communication breakdown, etc. Imagine what the actual employees at OceanGate saw - that times ten, I am sure! And I'm sure they knew all the details of Lochridge and his safety concerns. If you work closely in an office and especially on a boat with 30 people and Rush fires one of them on the spot and kicks him off the boat, everyone is talking about what happened.
Ignorance is simply not an excuse in this situation. This company, and its executives and investors were making a lot of money off of these $250K tickets and I want to know the extent of their knowledge about the safety of the sub. I just don't buy that Stockton and PH were the only ones responsible, and now that they are gone, we should all just move forward.