OceanGate

Questions

Is OG insured? Unclassified vessel so likely not. If you were a public liability insurer would you insure a home made deep water submersible?

Does OG have any assets Estimated operating revenue of USD10m per annum and 45 staff, having just had to mount a desperate deep sea rescue probably not

Would the disclaimer work Governed by Bahamas l aw which rolls up to the privy counsel so assume English law.

What does disclaimer do?

Catalogues all kinds of “inherent” risks which may arise as a result of expedition. Includes those of experimental, in approved vehicle. But does not include negligence of OG or its representatives.

Nor, really, could it. Unless the terms of the voyage contract explicitly permitted negligence — and why would it? — such negligence would be a repudiatory breach of contract, rendering it inequitable for the defendant to rely on the “good bits” of the contract.

“although OceanGate will take steps to provide me with adequate training, equipment and skilled personnel, I acknowledge ... ”

This acknowledges a general duty of care as regards hull construction and integrity, and operator competence. If it transpires OceanGate has not taken reasonable steps (it will be more, in practice, than just “any steps”), then the OceanGate has repudiated its own obligations underrelease of

Some authority that you cannot disclaim liability for death/personal injury at common law.

Bit what was the 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.

Puts into perspective our banking disclaimer, though, doesn’t it.