A negligence waiver is not effective against gross negligence or criminal negligence. Also a failure to fully inform the parties of the actual risk is fraud.
That thing was not even sea worthy, much less capable of safely navigating to 12000 feet. They knew that, but at a million dollars a trip, the owners were willing to take a risk that the passengers were not fully advised of.
In my opinion, the operators of that company are guilty of criminal negligence.
But I doubt that the families of billionaires are going to go after money from a bankrupt company.
But somebody might go to jail.
His wife was part of the executive committee, not sure if they can go after his/her personal assets.
That thing was not even sea worthy, much less capable of safely navigating to 12000 feet. They knew that, but at a million dollars a trip, the owners were willing to take a risk that the passengers were not fully advised of
Like I said shouldn't have the billionaires had an independent study to check for safety, it's not like they couldn't afford it..
The owner was on the sub. He is dead. This company is over. It has taken it’s website down.
The best that could come out of this is that no vessel as crappy as this thing will ever be allowed to sell a ride to anywhere. Better yet, people can see how idiotic it is to go on a vessel that is unsafe and has been declared unsafe by many others.
Or be assassinated .🤔
Ordinary negligence and gross negligence are the same save for a vituperative epithet. Basically it is not as facile as you're making this out to be because different jurisdictions apply the substantive law diffetently. Nonetheless, if I were defending this company against a state court action, I would remove it to federal court based upon admiralty jurisdiction. In an admiralty case, a pre-accident waiver absolves a defendant of liability for recreational activities on navigable waters if the exculpatory clause is (1) clear and unambiguous; (2) is not inconsistent with public policy; and (3) is not an adhesion contract. Thus the flavor or degree of negligence is not the issue in an admiralty case.
A lawsuit might be the least of their problems. Some form of homicide charge is possible if they knowingly deployed an unfit submersible.
It had no windows. What was the point? The same screen can be watched in your living room.