OceanGate: Difference between revisions
Jump to navigation
Jump to search
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 33: | Line 33: | ||
Any disputes related to or arising from either the operation or this Release shall be governed by the laws of The Bahamas. Any dispute arising from either the operation or this Release shall be resolved in the courts of The Bahamas. | Any disputes related to or arising from either the operation or this Release shall be governed by the laws of The Bahamas. Any dispute arising from either the operation or this Release shall be resolved in the courts of The Bahamas. | ||
}}</div> }}Much has been made of OceanGate’s release of liability, and whether an onslaught of litigation might be on its way, so we thought we should have a look at it. | }}</div> }}Much has been made of OceanGate’s release of liability, and whether an onslaught of litigation might be on its way, so we thought we should have a look at it. See the panel left. But before getting to the verbiage, the preliminary question: <nowiki>''</nowiki>is it even worth taking legal action<nowiki>''</nowiki>? | ||
=== Is OceanGate even worth suing? === | === Is OceanGate even worth suing? === | ||
Doubtful. With estimated operating revenue of USD10m per annum and 45 staff,<ref>https://growjo.com/company/OceanGate</ref> having just had to mount a desperate deep sea rescue probably not got much left to recover. | Doubtful. With estimated operating revenue of USD10m per annum and 45 staff,<ref>https://growjo.com/company/OceanGate</ref> having just had to mount a desperate deep sea rescue probably not got much left to recover. Now, ''maybe'', OceanGate had public liability insurance but, as the submersible was an unregulated vehicle operating in international waters it doesn’t seem likely, and if it did, look out for that schedule of exclusions. Since there was ([[Quod erat demonstrandum|Q.E.D]]) no regulatory requirement for insurance, we wonder what appetite there would be amongst underwriters to take on what was, on its face, enormous risk. | ||
If ''you'' were a public liability insurer would you insure “an experimental submersible vessel that has not been approved or certified by any regulatory body and may be constructed of materials that have not been widely used in human occupied submersibles?” | |||
=== What might OceanGate be liable for? === | |||
It is a contract; | |||
===What does the disclaimer claim to cover? === | |||
===What does disclaimer | |||
====Inherent risks==== | ====Inherent risks==== | ||
For the main, the Release is designed to cover all the “inherent” risks which may arise as a result of an expedition to the ocean floor. These are the sorts of regrettable things that just happen when you are at the frontiers of humankind’s discovery. Unexpected things happen. kinds of risks Includes those of experimental, in approved vehicle. | |||
====Negligence of Released Parties==== | ====Negligence of Released Parties==== | ||
| Line 68: | Line 67: | ||
1. Terms which have the object or effect of — <br> | 1. Terms which have the object or effect of — <br> | ||
:(a) excluding or limiting the legal liability of a seller or supplier in the event of the death of a consumer or personal injury to the latter resulting from an act or omission of that seller or supplier; [...]}} | :(a) excluding or limiting the legal liability of a seller or supplier in the event of the death of a consumer or personal injury to the latter resulting from an act or omission of that seller or supplier; [...]}} | ||
But ''was'' there negligence? Good luck figuring that out. Most likely an omission rather than a commission — failing to check the hull integrity, not noticing stress fractures and so on. | But ''was'' there negligence? Good luck figuring that out. Most likely an omission rather than a commission — failing to check the hull integrity, not noticing stress fractures and so on. | ||