(NewsNation) — In the wake of the “catastrophic implosion” of the OceanGate submersible that officials say killed all five on board en route to visit the Titanic, maritime lawyer Michael Winckelmann shed light on the legal implications and challenges surrounding the incident.
“I think, absolutely, there will be tremendous litigation related to this terrible tragedy,” Winkleman said during a Thursday appearance on NewsNation’s “On Balance With Leland Vittert.” “I think the negligence is quite clear on behalf of OceanGate.”
Winckelmann addressed the lack of regulations governing the open ocean and the absence of independent certification for the ill-fated vessel.
“The sea has always been a place of tremendous lawlessness, ” he said. “I mean, for centuries, there’s been seagoing vessels and it’s always been a challenge to keep up with the regulations to make sure people are safe.”
According to Winckelmann, even modern cruise ships face stringent regulations and independent certification to ensure passenger safety.
“But in those situations, you have independent certification bodies that will come on and make sure things are safe,” he said, “That was something that was glaringly missing here; there was no independent certification of his vessel.”
The decision not to seek independent certification for the submersible raises concerns about the amount of risk and recklessness involved in the OceanGate Titanic expedition.
“Apparently, there are entities that could have done it and would have done it. But for whatever reason, the OceanGate CEO or the company decided not to do that,” Winckelmann said. “And now we see the price, the ultimate price that’s been paid.”
Reports suggest that the vessel had known problems and failed to meet the safety standards of previous submersibles.
Howver, as some question the risks of a submersible touring Titanic wreckage, a man who has been on it says: “No one ever said it was safe.”
Explorer Fred Hagen has made the journey to the Titanic wreck site twice aboard the OceanGate Expeditions Titan submersible.
“No one ever said it was safe. (CEO) Stockton Rush didn’t say it was safe,” Hagen told NewsNation host Dan Abrams on Tuesday. “Everyone that participated signed an agreement or signed an acknowledgement that they could die or be grievously injured.”
Winckelmann says the enforceability of waivers signed by the victims is another critical legal question.
While waivers commonly include language absolving liability for death, specific federal laws may override such waivers.
“There’s situations of gross negligence that come into play that could void a waiver,” Winckelmann said.
Gross negligence and the Death on the High Seas Act, a federal law that limits damages to dependent beneficiaries, are factors that could potentially void the waivers and open the door to litigation.