Posted on 06/22/2023 11:40:24 AM PDT by DallasBiff
What happens when a dangerous activity goes wrong? The existence of a waiver form may not deter a wrongful death lawsuit.
The decision by five people to undertake a dangerous and most likely ill-fated undersea voyage to visit the wreck of the Titanic is raising questions on many fronts.
What prompted the travelers? A shared sense of adventure and a curiosity about the sunken Titanic wreckage — itself a 111-year-old deep-sea monument.
Led by OceanGate Expeditions CEO Stockton Rush, the passengers — British businessman Hamish Harding; Shahzada Dawood who is a member of a wealthy Pakistani family along with his son, Suleman; and Paul Henry "P.H." Nargeolet, a French seafarer and Titanic expert — boarded the Titan, a carbon-fiber submersible vessel, on Sunday, June 18.
(Excerpt) Read more at nbcnews.com ...
I has read it had no window, but on looking at an actual picture, that does look like a port.
Absolutely - without a carrier the case is truly a barker. As I have posted in this thread, a case will never be filed because the plaintiffs will will not want to be subjected to discovery.
I have drafted liability releases that attack this public policy issue. You disclose in the release language the public policy prohibition for releasing gross negligence and then release it anyway. Then you can hammer the freedom to contract argument all day long. It’s never been tested but would make for an interesting argument.
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